Bill Text: IL HB3064 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Repeals the Criminal and Traffic Assessment Act. Amends various Acts to restore the provisions that were amended by Public Act 100-987 to the form in which they existed before their amendment by Public Act 100-987. Effective July 1, 2019.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-04-03 - Tabled [HB3064 Detail]

Download: Illinois-2019-HB3064-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3064

Introduced , by Rep. Dan Caulkins

SYNOPSIS AS INTRODUCED:
See Index

Repeals the Criminal and Traffic Assessment Act. Amends various Acts to restore the provisions that were amended by Public Act 100-987 to the form in which they existed before their amendment by Public Act 100-987. Effective July 1, 2019.
LRB101 10107 LNS 55210 b

A BILL FOR

HB3064LRB101 10107 LNS 55210 b
1 AN ACT concerning fees, fines, and assessments.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 (705 ILCS 135/Act rep.)
5 Section 5. The Criminal and Traffic Assessment Act is
6repealed.
7 Section 10. The Unified Code of Corrections is amended by
8reenacting and changing Sections 5-9-1.1 and 5-9-1.1-5 as
9follows:
10 (730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)
11 (Text of Section from P.A. 94-550, 96-132, 96-402, 96-1234,
1297-545, 98-537, 99-480, and 100-987)
13 Sec. 5-9-1.1. Drug related offenses.
14 (a) When a person has been adjudged guilty of a drug
15related offense involving possession or delivery of cannabis or
16possession or delivery of a controlled substance, other than
17methamphetamine, as defined in the Cannabis Control Act, as
18amended, or the Illinois Controlled Substances Act, as amended,
19in addition to any other penalty imposed, a fine shall be
20levied by the court at not less than the full street value of
21the cannabis or controlled substances seized.
22 "Street value" shall be determined by the court on the

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1basis of testimony of law enforcement personnel and the
2defendant as to the amount seized and such testimony as may be
3required by the court as to the current street value of the
4cannabis or controlled substance seized.
5 (b) In addition to any penalty imposed under subsection (a)
6of this Section, a fine of $100 shall be levied by the court,
7the proceeds of which shall be collected by the Circuit Clerk
8and remitted to the State Treasurer under Section 27.6 of the
9Clerks of Courts Act for deposit into the Trauma Center Fund
10for distribution as provided under Section 3.225 of the
11Emergency Medical Services (EMS) Systems Act.
12 (c) In addition to any penalty imposed under subsection (a)
13of this Section, a fee of $5 shall be assessed by the court,
14the proceeds of which shall be collected by the Circuit Clerk
15and remitted to the State Treasurer under Section 27.6 of the
16Clerks of Courts Act for deposit into the Spinal Cord Injury
17Paralysis Cure Research Trust Fund. This additional fee of $5
18shall not be considered a part of the fine for purposes of any
19reduction in the fine for time served either before or after
20sentencing.
21 (d) Blank). In addition to any penalty imposed under
22subsection (a) of this Section for a drug related offense
23involving possession or delivery of cannabis or possession or
24delivery of a controlled substance as defined in the Cannabis
25Control Act, the Illinois Controlled Substances Act, or the
26Methamphetamine Control and Community Protection Act, a fee of

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1$50 shall be assessed by the court, the proceeds of which shall
2be collected by the Circuit Clerk and remitted to the State
3Treasurer under Section 27.6 of the Clerks of Courts Act for
4deposit into the Performance-enhancing Substance Testing Fund.
5This additional fee of $50 shall not be considered a part of
6the fine for purposes of any reduction in the fine for time
7served either before or after sentencing. The provisions of
8this subsection (d), other than this sentence, are inoperative
9after June 30, 2011.
10 (e) In addition to any penalty imposed under subsection (a)
11of this Section, a $25 assessment shall be assessed by the
12court, the proceeds of which shall be collected by the Circuit
13Clerk and remitted to the State Treasurer for deposit into the
14Criminal Justice Information Projects Fund. The moneys
15deposited into the Criminal Justice Information Projects Fund
16under this Section shall be appropriated to and administered by
17the Illinois Criminal Justice Information Authority for
18distribution to fund Department of State Police funding of drug
19task forces and Metropolitan Enforcement Groups by dividing the
20funds equally by the total number of Department of State Police
21drug task forces and Illinois Metropolitan Enforcement Groups.
22 (f) In addition to any penalty imposed under subsection (a)
23of this Section, a $40 assessment shall be assessed by the
24court, the proceeds of which shall be collected by the Circuit
25Clerk. Of the collected proceeds, (i) 90% shall be remitted to
26the State Treasurer for deposit into the Prescription Pill and

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1Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
2the Criminal Justice Information Projects Fund, for use by the
3Illinois Criminal Justice Information Authority for the costs
4associated with making grants from the Prescription Pill and
5Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
6for deposit into the Circuit Court Clerk Operation and
7Administrative Fund for the costs associated with
8administering this subsection.
9(Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15;
10100-987, Article 900, Section 900-5, eff. 8-20-18. Repealed by
11P.A. 100-987, Article 905, Section 905-93, eff. 7-1-19.)
12 (Text of Section from P.A. 94-556, 96-132, 96-402, 96-1234,
1397-545, 98-537, 99-480, and 100-987)
14 Sec. 5-9-1.1. Drug related offenses.
15 (a) When a person has been adjudged guilty of a drug
16related offense involving possession or delivery of cannabis or
17possession or delivery of a controlled substance as defined in
18the Cannabis Control Act, the Illinois Controlled Substances
19Act, or the Methamphetamine Control and Community Protection
20Act, in addition to any other penalty imposed, a fine shall be
21levied by the court at not less than the full street value of
22the cannabis or controlled substances seized.
23 "Street value" shall be determined by the court on the
24basis of testimony of law enforcement personnel and the
25defendant as to the amount seized and such testimony as may be

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1required by the court as to the current street value of the
2cannabis or controlled substance seized.
3 (b) In addition to any penalty imposed under subsection (a)
4of this Section, a fine of $100 shall be levied by the court,
5the proceeds of which shall be collected by the Circuit Clerk
6and remitted to the State Treasurer under Section 27.6 of the
7Clerks of Courts Act for deposit into the Trauma Center Fund
8for distribution as provided under Section 3.225 of the
9Emergency Medical Services (EMS) Systems Act.
10 (c) In addition to any penalty imposed under subsection (a)
11of this Section, a fee of $5 shall be assessed by the court,
12the proceeds of which shall be collected by the Circuit Clerk
13and remitted to the State Treasurer under Section 27.6 of the
14Clerks of Courts Act for deposit into the Spinal Cord Injury
15Paralysis Cure Research Trust Fund. This additional fee of $5
16shall not be considered a part of the fine for purposes of any
17reduction in the fine for time served either before or after
18sentencing.
19 (d) (Blank). In addition to any penalty imposed under
20subsection (a) of this Section for a drug related offense
21involving possession or delivery of cannabis or possession or
22delivery of a controlled substance as defined in the Cannabis
23Control Act, the Illinois Controlled Substances Act, or the
24Methamphetamine Control and Community Protection Act, a fee of
25$50 shall be assessed by the court, the proceeds of which shall
26be collected by the Circuit Clerk and remitted to the State

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1Treasurer under Section 27.6 of the Clerks of Courts Act for
2deposit into the Performance-enhancing Substance Testing Fund.
3This additional fee of $50 shall not be considered a part of
4the fine for purposes of any reduction in the fine for time
5served either before or after sentencing. The provisions of
6this subsection (d), other than this sentence, are inoperative
7after June 30, 2011.
8 (e) In addition to any penalty imposed under subsection (a)
9of this Section, a $25 assessment shall be assessed by the
10court, the proceeds of which shall be collected by the Circuit
11Clerk and remitted to the State Treasurer for deposit into the
12Criminal Justice Information Projects Fund. The moneys
13deposited into the Criminal Justice Information Projects Fund
14under this Section shall be appropriated to and administered by
15the Illinois Criminal Justice Information Authority for
16distribution to fund Department of State Police funding of drug
17task forces and Metropolitan Enforcement Groups by dividing the
18funds equally by the total number of Department of State Police
19drug task forces and Illinois Metropolitan Enforcement Groups.
20 (f) In addition to any penalty imposed under subsection (a)
21of this Section, a $40 assessment shall be assessed by the
22court, the proceeds of which shall be collected by the Circuit
23Clerk. Of the collected proceeds, (i) 90% shall be remitted to
24the State Treasurer for deposit into the Prescription Pill and
25Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
26the Criminal Justice Information Projects Fund, for use by the

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1Illinois Criminal Justice Information Authority for the costs
2associated with making grants from the Prescription Pill and
3Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
4for deposit into the Circuit Court Clerk Operation and
5Administrative Fund for the costs associated with
6administering this subsection.
7(Source: 99-480, eff. 9-9-15; 100-987, Article 900, Section
8900-5, eff. 8-20-18. Repealed by P.A. 100-987, Article 905,
9Section 905-93, eff. 7-1-19.)
10 (730 ILCS 5/5-9-1.1-5)
11 Sec. 5-9-1.1-5. Methamphetamine related offenses.
12 (a) When a person has been adjudged guilty of a
13methamphetamine related offense involving possession or
14delivery of methamphetamine or any salt of an optical isomer of
15methamphetamine or possession of a methamphetamine
16manufacturing material as set forth in Section 10 of the
17Methamphetamine Control and Community Protection Act with the
18intent to manufacture a substance containing methamphetamine
19or salt of an optical isomer of methamphetamine, in addition to
20any other penalty imposed, a fine shall be levied by the court
21at not less than the full street value of the methamphetamine
22or salt of an optical isomer of methamphetamine or
23methamphetamine manufacturing materials seized.
24 "Street value" shall be determined by the court on the
25basis of testimony of law enforcement personnel and the

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1defendant as to the amount seized and such testimony as may be
2required by the court as to the current street value of the
3methamphetamine or salt of an optical isomer of methamphetamine
4or methamphetamine manufacturing materials seized.
5 (b) In addition to any penalty imposed under subsection (a)
6of this Section, a fine of $100 shall be levied by the court,
7the proceeds of which shall be collected by the Circuit Clerk
8and remitted to the State Treasurer under Section 27.6 of the
9Clerks of Courts Act for deposit into the Methamphetamine Law
10Enforcement Fund and allocated as provided in subsection (d) of
11Section 5-9-1.2.
12 (c) In addition to any penalty imposed under subsection (a)
13of this Section, a $25 assessment shall be assessed by the
14court, the proceeds of which shall be collected by the Circuit
15Clerk and remitted to the State Treasurer for deposit into the
16Criminal Justice Information Projects Fund. The moneys
17deposited into the Criminal Justice Information Projects Fund
18under this Section shall be appropriated to and administered by
19the Illinois Criminal Justice Information Authority for
20distribution to fund the Department of State Police funding of
21drug task forces and Metropolitan Enforcement Groups by
22dividing the funds equally by the total number of Department of
23State Police drug task forces and Metropolitan Enforcement
24Groups.
25 (d) In addition to any penalty imposed under subsection (a)
26of this Section, a $40 assessment shall be assessed by the

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1court, the proceeds of which shall be collected by the Circuit
2Clerk. Of the collected proceeds, (i) 90% shall be remitted to
3the State Treasurer for deposit into the Prescription Pill and
4Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
5the Criminal Justice Information Projects Fund, for use by the
6Illinois Criminal Justice Information Authority for the costs
7associated with making grants from the Prescription Pill and
8Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
9for deposit into the Circuit Court Clerk Operation and
10Administrative Fund for the costs associated with
11administering this subsection.
12(Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.)
13 Section 15. The Domestic Violence Shelters Act is amended
14by changing Section 3.2 as follows:
15 (20 ILCS 1310/3.2) (from Ch. 40, par. 2403.2)
16 Sec. 3.2. All funds collected pursuant to P.A. 82-645,
17which are held in escrow for refund and for which a refund is
18not approved by September 1, 1988, shall be forwarded to the
19State Treasurer for deposit into the Domestic Violence Shelter
20and Service Fund. The Domestic Violence Shelter and Service
21Fund shall also include assessments fines received by the State
22Treasurer from circuit clerks under the Criminal and Traffic
23Assessment Act in accordance with Section 5-9-1.5 of the
24Unified Code of Corrections. Monies deposited in the Fund

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1pursuant to this Section and the income tax check-off for the
2Domestic Violence Shelter and Service Fund authorized by
3Section 507F of the Illinois Income Tax Act shall be
4appropriated to the Department of Human Services for the
5purpose of providing services specified by this Act; however,
6the Department may waive the matching funds requirement of this
7Act with respect to such monies. Any such waiver shall be
8uniform throughout the State. This amendatory Act of 1987
9applies to all funds collected pursuant to PA 82-645, held in
10escrow and for which no refund is approved by September 1,
111988, whether those funds are administered by the State, a
12county, a court, or any other unit or agency of government.
13(Source: P.A. 89-507, eff. 7-1-97.)
14 Section 20. The Burn Victims Relief Act is amended by
15changing Section 10 as follows:
16 (20 ILCS 1410/10)
17 Sec. 10. Payments to the George Bailey Memorial Fund. The
18George Bailey Memorial Fund is created as a special fund in the
19State treasury. The George Bailey Memorial Fund shall be funded
20pursuant to subsection (p) of Section 27.6 of the Clerks of
21Courts Act and Section 16-104d of the Illinois Vehicle Code.
22Funds received under Section 16-104d of the Illinois Vehicle
23Code shall be repaid in full to the Fire Truck Revolving Loan
24Fund, without the deduction of the 20% administrative fee

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1authorized in subsection (b) of Section 5, upon receipt by the
2George Bailey Memorial Fund from the person or his or her
3estate, trust, or heirs of any moneys from a settlement for the
4injury that is the proximate cause of the person's disability
5under this Act or moneys received from Social Security
6disability benefits. Moneys in the George Bailey Memorial Fund
7may only be used for the purposes set forth in this Act.
8(Source: P.A. 99-455, eff. 1-1-16.)
9 Section 25. The State Police Act is amended by changing
10Section 7.2 as follows:
11 (20 ILCS 2610/7.2)
12 Sec. 7.2. State Police Merit Board Public Safety Fund.
13 (a) A special fund in the State treasury is hereby created
14which shall be known as the State Police Merit Board Public
15Safety Fund. The Fund shall be used by the State Police Merit
16Board to provide a cadet program for State Police personnel and
17to meet all costs associated with the functions of the State
18Police Merit Board. Notwithstanding any other law to the
19contrary, the State Police Merit Board Public Safety Fund is
20not subject to sweeps, administrative charge-backs, or any
21other fiscal or budgetary maneuver that would in any way
22transfer any amounts from the State Police Merit Board Public
23Safety Fund into any other fund of the State.
24 (b) The Fund may receive State appropriations, gifts,

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1grants, and federal funds and shall include earnings from the
2investment of moneys in the Fund.
3 (c) The administration of this Fund shall be the
4responsibility of the State Police Merit Board. The Board shall
5establish terms and conditions for the operation of the Fund.
6The Board shall establish and implement fiscal controls and
7accounting periods for programs operated using the Fund. All
8fees or moneys received by the State Treasurer under the
9Criminal and Traffic Assessment Act subsection (n) of Section
1027.6 of the Clerks of Courts Act shall be deposited into the
11Fund. The moneys deposited in the State Police Merit Board
12Public Safety Fund shall be appropriated to the State Police
13Merit Board for expenses of the Board for the administration
14and conduct of all its programs for State Police personnel.
15(Source: P.A. 97-1051, eff. 1-1-13.)
16 Section 30. The Illinois Criminal Justice Information Act
17is amended by changing Section 9.1 as follows:
18 (20 ILCS 3930/9.1)
19 Sec. 9.1. Criminal Justice Information Projects Fund. The
20Criminal Justice Information Projects Fund is hereby created as
21a special fund in the State Treasury. Grants and other moneys
22obtained by the Authority from governmental entities (other
23than the federal government), private sources, and
24not-for-profit organizations for use in investigating criminal

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1justice issues or undertaking other criminal justice
2information projects shall be deposited into the Fund. Moneys
3in the Fund may be used by the Authority, subject to
4appropriation, for undertaking such projects and for the
5operating and other expenses of the Authority incidental to
6those projects, and for the costs associated with making grants
7from the Prescription Pill and Drug Disposal Fund. The moneys
8deposited into the Criminal Justice Information Projects Fund
9under Sections 15-15 and 15-35 of the Criminal and Traffic
10Assessment Act shall be appropriated to and administered by the
11Illinois Criminal Justice Information Authority for
12distribution to fund Department of State Police drug task
13forces and Metropolitan Enforcement Groups by dividing the
14funds equally by the total number of Department of State Police
15drug task forces and Illinois Metropolitan Enforcement Groups.
16(Source: P.A. 88-538.)
17 (30 ILCS 105/5.886 rep.) (as added by Public Act 100-987)
18 (30 ILCS 105/6z-105 rep.) (as added by Public Act 100-987)
19 Section 35. The State Finance Act is amended by repealing
20Sections 5.886, as added by Public Act 100-987, and 6z-105, as
21added by Public Act 100-987.
22 Section 40. The State Finance Act is amended by changing
23Sections 6b-4, 6z-82, 6z-87, 8p, and 8q as follows:

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1 (30 ILCS 105/6b-4) (from Ch. 127, par. 142b4)
2 Sec. 6b-4. On the second Monday of every month, the
3Director of Public Health shall certify to the State
4Comptroller and the State Treasurer the amount generated by the
5issuance of commemorative birth certificates under subsection
6(14) of Section 25 of the Vital Records Act in excess of the
7costs incurred in issuing the documents. Within 15 days of
8receipt of the certification required by this Section, the
9State Comptroller and the State Treasurer shall transfer from
10the General Revenue Fund, one-half of the amount certified as
11being received from the issuance of commemorative birth
12certificates to the Child Abuse Prevention Fund and one-half of
13the amount to the Domestic Violence Shelter and Service Fund.
14 The State Treasurer shall deposit into the Domestic
15Violence Shelter and Service Fund each assessment received
16under the Criminal and Traffic Assessment Act fine received
17from circuit clerks under Section 5-9-1.5 of the Unified Code
18of Corrections.
19 The State Treasurer shall deposit into the Sexual Assault
20Services Fund and the Domestic Violence Shelter and Service
21Fund each of those fines received from circuit clerks under
22Section 5-9-1.7 of the Unified Code of Corrections in
23accordance with the provisions of that Section.
24(Source: P.A. 87-791; 87-1072.)
25 (30 ILCS 105/6z-82)

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1 Sec. 6z-82. State Police Operations Assistance Fund.
2 (a) There is created in the State treasury a special fund
3known as the State Police Operations Assistance Fund. The Fund
4shall receive revenue under the Criminal and Traffic Assessment
5Act pursuant to Section 27.3a of the Clerks of Courts Act. The
6Fund may also receive revenue from grants, donations,
7appropriations, and any other legal source.
8 (b) The Department of State Police may use moneys in the
9Fund to finance any of its lawful purposes or functions.
10 (c) Expenditures may be made from the Fund only as
11appropriated by the General Assembly by law.
12 (d) Investment income that is attributable to the
13investment of moneys in the Fund shall be retained in the Fund
14for the uses specified in this Section.
15 (e) The State Police Operations Assistance Fund shall not
16be subject to administrative chargebacks.
17 (f) Notwithstanding any other provision of State law to the
18contrary, on or after July 1, 2012, and until June 30, 2013, in
19addition to any other transfers that may be provided for by
20law, at the direction of and upon notification from the
21Director of State Police, the State Comptroller shall direct
22and the State Treasurer shall transfer amounts into the State
23Police Operations Assistance Fund from the designated funds not
24exceeding the following totals:
25 State Police Vehicle Fund.....................$2,250,000
26 State Police Wireless Service

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1 Emergency Fund............................$2,500,000
2 State Police Services Fund....................$3,500,000
3(Source: P.A. 96-1029, eff. 7-13-10; 97-333, eff. 8-12-11;
497-732, eff. 6-30-12.)
5 (30 ILCS 105/6z-87)
6 Sec. 6z-87. Conservation Police Operations Assistance
7Fund.
8 (a) There is created in the State treasury a special fund
9known as the Conservation Police Operations Assistance Fund.
10The Fund shall receive revenue under the Criminal and Traffic
11Assessment Act pursuant to Section 27.3a of the Clerks of
12Courts Act. The Fund may also receive revenue from grants,
13donations, appropriations, and any other legal source.
14 (b) The Department of Natural Resources may use moneys in
15the Fund to support any lawful operations of the Illinois
16Conservation Police.
17 (c) Expenditures may be made from the Fund only as
18appropriated by the General Assembly by law.
19 (d) Investment income that is attributable to the
20investment of moneys in the Fund shall be retained in the Fund
21for the uses specified in this Section.
22 (e) The Conservation Police Operations Assistance Fund
23shall not be subject to administrative chargebacks.
24(Source: P.A. 97-46, eff. 7-1-12; 97-813, eff. 7-13-12.)

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1 (30 ILCS 105/8p)
2 Sec. 8p. State Police Streetgang-Related Crime Fund.
3 (a) The State Police Streetgang-Related Crime Fund is
4created as a special fund in the State treasury.
5 (b) All moneys collected and payable to the Department of
6State Police from the State Police Streetgang-Related Crime
7Fund under Section 5-9-1.19 of the Unified Code of Corrections
8shall be deposited into the State Police Streetgang-Related
9Crime Fund and shall be appropriated to and administered by the
10Department of State Police for operations and initiatives to
11combat and prevent streetgang-related crime.
12 (c) The State Police Streetgang-Related Crime Fund shall
13not be subject to administrative chargebacks.
14(Source: P.A. 96-1029, eff. 7-13-10.)
15 (30 ILCS 105/8q)
16 Sec. 8q. Illinois Department of Corrections Parole
17Division Offender Supervision Fund.
18 (a) The Illinois Department of Corrections Parole Division
19Offender Supervision Fund is created as a special fund in the
20State treasury.
21 (b) All moneys collected and payable to the Department of
22Corrections and under Section 5-9-1.20 of the Unified Code of
23Corrections shall be deposited into the Illinois Department of
24Corrections Parole Division Offender Supervision Fund and
25shall be appropriated to and administered by the Department of

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1Corrections for operations and initiatives to combat and
2supervise paroled offenders in the community.
3 (c) The Illinois Department of Corrections Parole Division
4Offender Supervision Fund shall not be subject to
5administrative chargebacks.
6(Source: P.A. 97-262, eff. 8-5-11.)
7 Section 45. The State Property Control Act is amended by
8changing Section 7c as follows:
9 (30 ILCS 605/7c)
10 Sec. 7c. Acquisition of State Police vehicles. The State
11Police Vehicle Fund is created as a special fund in the State
12treasury. The Fund shall consist of fees received pursuant to
13Section 16-104c of the Illinois Vehicle Code. All moneys in the
14Fund, subject to appropriation, shall be used by the Department
15of State Police:
16 (1) for the acquisition of vehicles for that
17 Department; or
18 (2) for debt service on bonds issued to finance the
19 acquisition of vehicles for that Department.
20(Source: P.A. 94-839, eff. 6-6-06.)
21 Section 50. Illinois Police Training Act is amended by
22changing Section 9 as follows:

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1 (50 ILCS 705/9) (from Ch. 85, par. 509)
2 Sec. 9. A special fund is hereby established in the State
3Treasury to be known as the Traffic and Criminal Conviction
4Surcharge Fund and shall be financed as provided in Section 9.1
5of this Act and Section 5-9-1 of the Unified Code of
6Corrections, unless the fines, costs, or additional amounts
7imposed are subject to disbursement by the circuit clerk under
8Section 27.5 of the Clerks of Courts Act. Moneys in this Fund
9shall be expended as follows:
10 (1) a portion of the total amount deposited in the Fund
11 may be used, as appropriated by the General Assembly, for
12 the ordinary and contingent expenses of the Illinois Law
13 Enforcement Training Standards Board;
14 (2) a portion of the total amount deposited in the Fund
15 shall be appropriated for the reimbursement of local
16 governmental agencies participating in training programs
17 certified by the Board, in an amount equaling 1/2 of the
18 total sum paid by such agencies during the State's previous
19 fiscal year for mandated training for probationary police
20 officers or probationary county corrections officers and
21 for optional advanced and specialized law enforcement or
22 county corrections training; these reimbursements may
23 include the costs for tuition at training schools, the
24 salaries of trainees while in schools, and the necessary
25 travel and room and board expenses for each trainee; if the
26 appropriations under this paragraph (2) are not sufficient

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1 to fully reimburse the participating local governmental
2 agencies, the available funds shall be apportioned among
3 such agencies, with priority first given to repayment of
4 the costs of mandatory training given to law enforcement
5 officer or county corrections officer recruits, then to
6 repayment of costs of advanced or specialized training for
7 permanent police officers or permanent county corrections
8 officers;
9 (3) a portion of the total amount deposited in the Fund
10 may be used to fund the Intergovernmental Law Enforcement
11 Officer's In-Service Training Act, veto overridden October
12 29, 1981, as now or hereafter amended, at a rate and method
13 to be determined by the board;
14 (4) a portion of the Fund also may be used by the
15 Illinois Department of State Police for expenses incurred
16 in the training of employees from any State, county or
17 municipal agency whose function includes enforcement of
18 criminal or traffic law;
19 (5) a portion of the Fund may be used by the Board to
20 fund grant-in-aid programs and services for the training of
21 employees from any county or municipal agency whose
22 functions include corrections or the enforcement of
23 criminal or traffic law;
24 (6) for fiscal years 2013 through 2017 only, a portion
25 of the Fund also may be used by the Department of State
26 Police to finance any of its lawful purposes or functions;

HB3064- 21 -LRB101 10107 LNS 55210 b
1 and
2 (7) a portion of the Fund may be used by the Board,
3 subject to appropriation, to administer grants to local law
4 enforcement agencies for the purpose of purchasing
5 bulletproof vests under the Law Enforcement Officer
6 Bulletproof Vest Act.
7 All payments from the Traffic and Criminal Conviction
8Surcharge Fund shall be made each year from moneys appropriated
9for the purposes specified in this Section. No more than 50% of
10any appropriation under this Act shall be spent in any city
11having a population of more than 500,000. The State Comptroller
12and the State Treasurer shall from time to time, at the
13direction of the Governor, transfer from the Traffic and
14Criminal Conviction Surcharge Fund to the General Revenue Fund
15in the State Treasury such amounts as the Governor determines
16are in excess of the amounts required to meet the obligations
17of the Traffic and Criminal Conviction Surcharge Fund.
18(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;
1998-743, eff. 1-1-15; 99-78, eff. 7-20-15; 99-523, eff.
206-30-16.)
21 Section 55. The Illinois Police Training Act is amended by
22reenacting Section 9.1 as follows:
23 (50 ILCS 705/9.1) (from Ch. 85, par. 509.1)
24 Sec. 9.1. In addition to every fine imposed by a court for

HB3064- 22 -LRB101 10107 LNS 55210 b
1a criminal or traffic offense, an additional assessment,
2payable to The Traffic and Criminal Conviction Surcharge Fund,
3shall be imposed by the court and paid by the defendant in
4accordance with subsection (c) of Section 5-9-1 of the "Unified
5Code of Corrections", unless the additional assessment and fine
6are subject to disbursement by the circuit clerk under Section
727.5 of the Clerks of Court Act. The Clerk of the Circuit Court
8shall retain 2% of such penalty assessment total to cover the
9costs incurred in administering and enforcing this Section.
10(Source: P.A. 87-670.)
11 Section 60. The Counties Code is amended by changing
12Sections 3-6023, 4-2004, 4-2005, and 4-2006 as follows:
13 (55 ILCS 5/3-6023) (from Ch. 34, par. 3-6023)
14 Sec. 3-6023. Attendance at courts. Each sheriff shall, in
15person or by deputy, county corrections officer, or court
16security officer, attend upon all courts held in his or her
17county when in session, and obey the lawful orders and
18directions of the court, and shall maintain the security of the
19courthouse. Court services customarily performed by sheriffs
20shall be provided by the sheriff or his or her deputies, county
21corrections officers, or court security officers, rather than
22by employees of the court, unless there are no deputies, county
23corrections officers, or court security officers available to
24perform such services. The expenses of the sheriff in carrying

HB3064- 23 -LRB101 10107 LNS 55210 b
1out his or her duties under this Section, including the
2compensation of deputies, county corrections officers, or
3court security officers assigned to such services, shall be
4paid to the county from fees collected pursuant to court order
5for services of the sheriff and from any court services fees
6collected by the county under the Criminal and Traffic
7Assessment Act pursuant to Section 5-1103, as now or hereafter
8amended.
9(Source: P.A. 89-685, eff. 6-1-97; 89-707, eff. 6-1-97.)
10 (55 ILCS 5/4-2004) (from Ch. 34, par. 4-2004)
11 Sec. 4-2004. Collection and disposition of fines and
12forfeitures. It shall be the duty of State's attorneys to
13attend to the collection of all fines and forfeitures in
14criminal cases, and they shall, without delay, pay over all
15fines and forfeitures collected by them to the county treasurer
16to be deposited into the general corporate fund of the county,
17except as otherwise specifically provided by law and except for
18such portion as is required by Section 9.1 of "The Illinois
19Police Training Act" and Section 5-9-1 of the "Unified Code of
20Corrections" to be paid into The Traffic and Criminal
21Conviction Surcharge Fund in the State Treasury, unless the
22fines and forfeitures are subject to disbursement by the
23circuit clerk under Section 27.5 of the Clerks of Courts Act.
24(Source: P.A. 86-962; 87-670.)

HB3064- 24 -LRB101 10107 LNS 55210 b
1 (55 ILCS 5/4-2005) (from Ch. 34, par. 4-2005)
2 Sec. 4-2005. Payment of salaries; disposition of fees. The
3salaries of the State's attorneys, excepting that part which is
4to be paid out of the State treasury as now provided for by
5law, and the salaries of all Assistant State's attorneys shall
6be paid out of the general corporate fund of the county
7treasury of the county in which the State's attorney resides,
8on the order of the county board by the treasurer of the
9county: The fees which are now, or may hereafter, be provided
10by law to be paid by the defendant or defendants, as State's
11attorney's fees, shall be taxed as costs and all fees, fines,
12forfeitures and penalties shall be collected by the State's
13attorney, except as otherwise specifically provided by law for
14those amounts required by Section 9.1 of the "Illinois Police
15Training Act" and Section 5-9-1 of the "Unified Code of
16Corrections" to be paid into The Traffic and Criminal
17Conviction Surcharge Fund and those amounts subject to
18disbursement by the circuit clerk under Section 27.5 of the
19Clerks of Courts Act, and shall be paid by him directly into
20the county treasury to be deposited into the general corporate
21fund of the county. The county treasurer shall receipt
22therefor.
23(Source: P.A. 86-962; 87-670.)
24 (55 ILCS 5/4-2006) (from Ch. 34, par. 4-2006)
25 Sec. 4-2006. Report of fees.

HB3064- 25 -LRB101 10107 LNS 55210 b
1 (a) It is hereby made the duty of all State's attorneys to
2report to the circuit court at such times as the court shall
3determine by rule, the payment and collection of all fees,
4fines, forfeitures and penalties and to satisfy the court by
5voucher or otherwise, that all fees, fines, forfeitures and
6penalties by them collected, except as otherwise specifically
7provided by law for those amounts required by Section 9.1 of
8the Illinois Police Training Act and Section 5-9-1 of the
9Unified Code of Corrections to be paid into the Traffic and
10Criminal Conviction Surcharge Fund, have been duly paid over to
11the county treasurer, as required by Section 4-2005, and the
12State's attorney shall have no further interest in conviction
13fees, fines, forfeitures and penalties or moneys collected by
14virtue of such office. The court shall note the filing of the
15report and fix a day certain not less than 30 days thereafter,
16when objections in writing may be filed to such report by any
17one or more taxpayers of the county, and when objections are
18filed to such report a hearing may be had upon such report and
19objections at such time and in such manner as the court may
20direct and after such hearing the court may approve or
21disapprove of such report as justice may require, and make all
22proper orders in reference thereto, and if no objections have
23been filed, the court shall inspect such report and require the
24State's attorney to produce evidence in proof of his having
25paid over as required by law all fines and forfeitures
26collected by him; and if it appears to the court that any

HB3064- 26 -LRB101 10107 LNS 55210 b
1State's attorney has failed or refused to turn over the fines
2and forfeitures collected by him as required by law the court
3shall at once suspend him and appoint a State's attorney pro
4tempore to perform the duties of the office until such State's
5attorney shall have complied with the provisions of this
6Division or the orders of the court in regard thereto. The
7court, for the purpose of carrying out the provisions of this
8Section shall have the power to examine books and papers and to
9issue subpoenas to compel the appearance of persons and the
10production of books and records: Provided, however, no order
11entered under this Section shall be a bar to any proper
12proceedings against such State's attorney and his bondsman to
13require him to account for moneys collected and not paid over
14by him as required by law.
15 (b) Waiver of report of fees. The filing of the report of
16fees as provided by subsection (a) of this Section may be
17waived by written administrative order of the chief judge of
18the circuit upon written request and affidavit of the State's
19attorney of a county within the circuit that all fines, fees,
20forfeitures, and restitution are collected by the clerk of the
21circuit court and that none of those funds pass through the
22office of the State's attorney.
23(Source: P.A. 86-962; 87-1201.)
24 Section 65. The Counties Code is amended by reenacting
25Sections 3-4012, 4-2002, 4-2002.1, 5-1101, 5-1101.5, and

HB3064- 27 -LRB101 10107 LNS 55210 b
15-1103 as follows:
2 (55 ILCS 5/3-4012)
3 Sec. 3-4012. Public defender's fees in counties of
43,000,000 or more population. The Cook County Public Defender
5shall be entitled to a $2 fee to be paid by the defendant on a
6judgment of guilty or a grant of supervision for a violation of
7any provision of the Illinois Vehicle Code or any felony,
8misdemeanor, or petty offense to discharge the expenses of the
9Cook County Public Defender's office for establishing and
10maintaining automated record keeping systems. The fee shall be
11remitted monthly to the county treasurer, to be deposited by
12him or her into a special fund designated as the Public
13Defender Records Automation Fund. Expenditures from this fund
14may be made by the Public Defender for hardware, software,
15research, and development costs and personnel related thereto.
16(Source: P.A. 97-673, eff. 6-1-12.)
17 (55 ILCS 5/4-2002) (from Ch. 34, par. 4-2002)
18 Sec. 4-2002. State's attorney fees in counties under
193,000,000 population. This Section applies only to counties
20with fewer than 3,000,000 inhabitants.
21 (a) State's attorneys shall be entitled to the following
22fees, however, the fee requirement of this subsection does not
23apply to county boards:
24 For each conviction in prosecutions on indictments for

HB3064- 28 -LRB101 10107 LNS 55210 b
1first degree murder, second degree murder, involuntary
2manslaughter, criminal sexual assault, aggravated criminal
3sexual assault, aggravated criminal sexual abuse, kidnapping,
4arson and forgery, $30. All other cases punishable by
5imprisonment in the penitentiary, $30.
6 For each conviction in other cases tried before judges of
7the circuit court, $15; except that if the conviction is in a
8case which may be assigned to an associate judge, whether or
9not it is in fact assigned to an associate judge, the fee shall
10be $10.
11 For preliminary examinations for each defendant held to
12bail or recognizance, $10.
13 For each examination of a party bound over to keep the
14peace, $10.
15 For each defendant held to answer in a circuit court on a
16charge of paternity, $10.
17 For each trial on a charge of paternity, $30.
18 For each case of appeal taken from his county or from the
19county to which a change of venue is taken to his county to the
20Supreme or Appellate Court when prosecuted or defended by him,
21$50.
22 For each day actually employed in the trial of a case, $25;
23in which case the court before whom the case is tried shall
24make an order specifying the number of days for which a per
25diem shall be allowed.
26 For each day actually employed in the trial of cases of

HB3064- 29 -LRB101 10107 LNS 55210 b
1felony arising in their respective counties and taken by change
2of venue to another county, $25; and the court before whom the
3case is tried shall make an order specifying the number of days
4for which said per diem shall be allowed; and it is hereby made
5the duty of each State's attorney to prepare and try each case
6of felony arising when so taken by change of venue.
7 For assisting in a trial of each case on an indictment for
8felony brought by change of venue to their respective counties,
9the same fees they would be entitled to if such indictment had
10been found for an offense committed in his county, and it shall
11be the duty of the State's attorney of the county to which such
12cause is taken by change of venue to assist in the trial
13thereof.
14 For each case of forfeited recognizance where the
15forfeiture is set aside at the instance of the defense, in
16addition to the ordinary costs, $10 for each defendant.
17 For each proceeding in a circuit court to inquire into the
18alleged mental illness of any person, $10 for each defendant.
19 For each proceeding in a circuit court to inquire into the
20alleged dependency or delinquency of any child, $10.
21 For each day actually employed in the hearing of a case of
22habeas corpus in which the people are interested, $25.
23 For each violation of the Criminal Code of 1961 or the
24Criminal Code of 2012 and the Illinois Vehicle Code in which a
25defendant has entered a plea of guilty or a defendant has
26stipulated to the facts supporting the charge or a finding of

HB3064- 30 -LRB101 10107 LNS 55210 b
1guilt and the court has entered an order of supervision, $10.
2 State's attorneys shall be entitled to a $2 fee to be paid
3by the defendant on a judgment of guilty or a grant of
4supervision for a violation of any provision of the Illinois
5Vehicle Code or any felony, misdemeanor, or petty offense to
6discharge the expenses of the State's Attorney's office for
7establishing and maintaining automated record keeping systems.
8The fee shall be remitted monthly to the county treasurer, to
9be deposited by him or her into a special fund designated as
10the State's Attorney Records Automation Fund. Expenditures
11from this fund may be made by the State's Attorney for
12hardware, software, research, and development costs and
13personnel related thereto.
14 All the foregoing fees shall be taxed as costs to be
15collected from the defendant, if possible, upon conviction. But
16in cases of inquiry into the mental illness of any person
17alleged to be mentally ill, in cases on a charge of paternity
18and in cases of appeal in the Supreme or Appellate Court, where
19judgment is in favor of the accused, the fees allowed the
20State's attorney therein shall be retained out of the fines and
21forfeitures collected by them in other cases.
22 Ten per cent of all moneys except revenue, collected by
23them and paid over to the authorities entitled thereto, which
24per cent together with the fees provided for herein that are
25not collected from the parties tried or examined, shall be paid
26out of any fines and forfeited recognizances collected by them,

HB3064- 31 -LRB101 10107 LNS 55210 b
1provided however, that in proceedings to foreclose the lien of
2delinquent real estate taxes State's attorneys shall receive a
3fee, to be credited to the earnings of their office, of 10% of
4the total amount realized from the sale of real estate sold in
5such proceedings. Such fees shall be paid from the total amount
6realized from the sale of the real estate sold in such
7proceedings.
8 State's attorneys shall have a lien for their fees on all
9judgments for fines or forfeitures procured by them and on
10moneys except revenue received by them until such fees and
11earnings are fully paid.
12 No fees shall be charged on more than 10 counts in any one
13indictment or information on trial and conviction; nor on more
14than 10 counts against any one defendant on pleas of guilty.
15 The Circuit Court may direct that of all monies received,
16by restitution or otherwise, which monies are ordered paid to
17the Department of Healthcare and Family Services (formerly
18Department of Public Aid) or the Department of Human Services
19(acting as successor to the Department of Public Aid under the
20Department of Human Services Act) as a direct result of the
21efforts of the State's attorney and which payments arise from
22Civil or Criminal prosecutions involving the Illinois Public
23Aid Code or the Criminal Code, the following amounts shall be
24paid quarterly by the Department of Healthcare and Family
25Services or the Department of Human Services to the General
26Corporate Fund of the County in which the prosecution or cause

HB3064- 32 -LRB101 10107 LNS 55210 b
1of action took place:
2 (1) where the monies result from child support
3 obligations, not more than 25% of the federal share of the
4 monies received,
5 (2) where the monies result from other than child
6 support obligations, not more than 25% of the State's share
7 of the monies received.
8 In addition to any other amounts to which State's Attorneys
9are entitled under this Section, State's Attorneys are entitled
10to $10 of the fine that is imposed under Section 5-9-1.17 of
11the Unified Code of Corrections, as set forth in that Section.
12 (b) A municipality shall be entitled to a $25 prosecution
13fee for each conviction for a violation of the Illinois Vehicle
14Code prosecuted by the municipal attorney pursuant to Section
1516-102 of that Code which results in a finding of guilt before
16a circuit or associate judge or in which a defendant has
17stipulated to the facts supporting the charge or a finding of
18guilt and the court has entered an order of supervision and
19shall be entitled to a $25 prosecution fee for each conviction
20for a violation of a municipal vehicle ordinance or nontraffic
21ordinance which results in a finding of guilt before a circuit
22or associate judge or in which a defendant has stipulated to
23the facts supporting the charge or a finding of guilt and the
24court has entered an order of supervision. Such fee shall be
25taxed as costs to be collected from the defendant, if possible,
26upon disposition of the case. A municipality shall have a lien

HB3064- 33 -LRB101 10107 LNS 55210 b
1for such prosecution fees on all judgments or fines procured by
2the municipal attorney from prosecutions for violations of the
3Illinois Vehicle Code and municipal vehicle ordinances or
4nontraffic ordinances.
5 For the purposes of this subsection (b), "municipal vehicle
6ordinance" means any ordinance enacted pursuant to Sections
711-40-1, 11-40-2, 11-40-2a and 11-40-3 of the Illinois
8Municipal Code or any ordinance enacted by a municipality which
9is similar to a provision of Chapter 11 of the Illinois Vehicle
10Code.
11(Source: P.A. 96-707, eff. 1-1-10; 96-1186, eff. 7-22-10;
1297-331, eff. 8-12-11; 97-673, eff. 6-1-12; 97-1150, eff.
131-25-13.)
14 (55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1)
15 Sec. 4-2002.1. State's attorney fees in counties of
163,000,000 or more population. This Section applies only to
17counties with 3,000,000 or more inhabitants.
18 (a) State's attorneys shall be entitled to the following
19fees:
20 For each conviction in prosecutions on indictments for
21 first degree murder, second degree murder, involuntary
22 manslaughter, criminal sexual assault, aggravated criminal
23 sexual assault, aggravated criminal sexual abuse,
24 kidnapping, arson and forgery, $60. All other cases
25 punishable by imprisonment in the penitentiary, $60.

HB3064- 34 -LRB101 10107 LNS 55210 b
1 For each conviction in other cases tried before judges
2 of the circuit court, $30; except that if the conviction is
3 in a case which may be assigned to an associate judge,
4 whether or not it is in fact assigned to an associate
5 judge, the fee shall be $20.
6 For preliminary examinations for each defendant held
7 to bail or recognizance, $20.
8 For each examination of a party bound over to keep the
9 peace, $20.
10 For each defendant held to answer in a circuit court on
11 a charge of paternity, $20.
12 For each trial on a charge of paternity, $60.
13 For each case of appeal taken from his county or from
14 the county to which a change of venue is taken to his
15 county to the Supreme or Appellate Court when prosecuted or
16 defended by him, $100.
17 For each day actually employed in the trial of a case,
18 $50; in which case the court before whom the case is tried
19 shall make an order specifying the number of days for which
20 a per diem shall be allowed.
21 For each day actually employed in the trial of cases of
22 felony arising in their respective counties and taken by
23 change of venue to another county, $50; and the court
24 before whom the case is tried shall make an order
25 specifying the number of days for which said per diem shall
26 be allowed; and it is hereby made the duty of each State's

HB3064- 35 -LRB101 10107 LNS 55210 b
1 attorney to prepare and try each case of felony arising
2 when so taken by change of venue.
3 For assisting in a trial of each case on an indictment
4 for felony brought by change of venue to their respective
5 counties, the same fees they would be entitled to if such
6 indictment had been found for an offense committed in his
7 county, and it shall be the duty of the State's attorney of
8 the county to which such cause is taken by change of venue
9 to assist in the trial thereof.
10 For each case of forfeited recognizance where the
11 forfeiture is set aside at the instance of the defense, in
12 addition to the ordinary costs, $20 for each defendant.
13 For each proceeding in a circuit court to inquire into
14 the alleged mental illness of any person, $20 for each
15 defendant.
16 For each proceeding in a circuit court to inquire into
17 the alleged dependency or delinquency of any child, $20.
18 For each day actually employed in the hearing of a case
19 of habeas corpus in which the people are interested, $50.
20 All the foregoing fees shall be taxed as costs to be
21collected from the defendant, if possible, upon conviction. But
22in cases of inquiry into the mental illness of any person
23alleged to be mentally ill, in cases on a charge of paternity
24and in cases of appeal in the Supreme or Appellate Court, where
25judgment is in favor of the accused, the fees allowed the
26State's attorney therein shall be retained out of the fines and

HB3064- 36 -LRB101 10107 LNS 55210 b
1forfeitures collected by them in other cases.
2 Ten per cent of all moneys except revenue, collected by
3them and paid over to the authorities entitled thereto, which
4per cent together with the fees provided for herein that are
5not collected from the parties tried or examined, shall be paid
6out of any fines and forfeited recognizances collected by them,
7provided however, that in proceedings to foreclose the lien of
8delinquent real estate taxes State's attorneys shall receive a
9fee, to be credited to the earnings of their office, of 10% of
10the total amount realized from the sale of real estate sold in
11such proceedings. Such fees shall be paid from the total amount
12realized from the sale of the real estate sold in such
13proceedings.
14 State's attorneys shall have a lien for their fees on all
15judgments for fines or forfeitures procured by them and on
16moneys except revenue received by them until such fees and
17earnings are fully paid.
18 No fees shall be charged on more than 10 counts in any one
19indictment or information on trial and conviction; nor on more
20than 10 counts against any one defendant on pleas of guilty.
21 The Circuit Court may direct that of all monies received,
22by restitution or otherwise, which monies are ordered paid to
23the Department of Healthcare and Family Services (formerly
24Department of Public Aid) or the Department of Human Services
25(acting as successor to the Department of Public Aid under the
26Department of Human Services Act) as a direct result of the

HB3064- 37 -LRB101 10107 LNS 55210 b
1efforts of the State's attorney and which payments arise from
2Civil or Criminal prosecutions involving the Illinois Public
3Aid Code or the Criminal Code, the following amounts shall be
4paid quarterly by the Department of Healthcare and Family
5Services or the Department of Human Services to the General
6Corporate Fund of the County in which the prosecution or cause
7of action took place:
8 (1) where the monies result from child support
9 obligations, not less than 25% of the federal share of the
10 monies received,
11 (2) where the monies result from other than child
12 support obligations, not less than 25% of the State's share
13 of the monies received.
14 In addition to any other amounts to which State's Attorneys
15are entitled under this Section, State's Attorneys are entitled
16to $10 of the fine that is imposed under Section 5-9-1.17 of
17the Unified Code of Corrections, as set forth in that Section.
18 (b) A municipality shall be entitled to a $25 prosecution
19fee for each conviction for a violation of the Illinois Vehicle
20Code prosecuted by the municipal attorney pursuant to Section
2116-102 of that Code which is tried before a circuit or
22associate judge and shall be entitled to a $25 prosecution fee
23for each conviction for a violation of a municipal vehicle
24ordinance prosecuted by the municipal attorney which is tried
25before a circuit or associate judge. Such fee shall be taxed as
26costs to be collected from the defendant, if possible, upon

HB3064- 38 -LRB101 10107 LNS 55210 b
1conviction. A municipality shall have a lien for such
2prosecution fees on all judgments or fines procured by the
3municipal attorney from prosecutions for violations of the
4Illinois Vehicle Code and municipal vehicle ordinances.
5 For the purposes of this subsection (b), "municipal vehicle
6ordinance" means any ordinance enacted pursuant to Sections
711-40-1, 11-40-2, 11-40-2a, and 11-40-3 of the Illinois
8Municipal Code or any ordinance enacted by a municipality which
9is similar to a provision of Chapter 11 of the Illinois Vehicle
10Code.
11 (c) State's attorneys shall be entitled to a $2 fee to be
12paid by the defendant on a judgment of guilty or a grant of
13supervision for a violation of any provision of the Illinois
14Vehicle Code or any felony, misdemeanor, or petty offense to
15discharge the expenses of the State's Attorney's office for
16establishing and maintaining automated record keeping systems.
17The fee shall be remitted monthly to the county treasurer, to
18be deposited by him or her into a special fund designated as
19the State's Attorney Records Automation Fund. Expenditures
20from this fund may be made by the State's Attorney for
21hardware, software, research, and development costs and
22personnel related thereto.
23(Source: P.A. 100-201, eff. 8-18-17.)
24 (55 ILCS 5/5-1101) (from Ch. 34, par. 5-1101)
25 Sec. 5-1101. Additional fees to finance court system. A

HB3064- 39 -LRB101 10107 LNS 55210 b
1county board may enact by ordinance or resolution the following
2fees:
3 (a) A $5 fee to be paid by the defendant on a judgment of
4guilty or a grant of supervision for violation of the Illinois
5Vehicle Code other than Section 11-501 or violations of similar
6provisions contained in county or municipal ordinances
7committed in the county, and up to a $30 fee to be paid by the
8defendant on a judgment of guilty or a grant of supervision for
9violation of Section 11-501 of the Illinois Vehicle Code or a
10violation of a similar provision contained in county or
11municipal ordinances committed in the county.
12 (b) In the case of a county having a population of
131,000,000 or less, a $5 fee to be collected in all civil cases
14by the clerk of the circuit court.
15 (c) A fee to be paid by the defendant on a judgment of
16guilty or a grant of supervision, as follows:
17 (1) for a felony, $50;
18 (2) for a class A misdemeanor, $25;
19 (3) for a class B or class C misdemeanor, $15;
20 (4) for a petty offense, $10;
21 (5) for a business offense, $10.
22 (d) A $100 fee for the second and subsequent violations of
23Section 11-501 of the Illinois Vehicle Code or violations of
24similar provisions contained in county or municipal ordinances
25committed in the county. The proceeds of this fee shall be
26placed in the county general fund and used to finance education

HB3064- 40 -LRB101 10107 LNS 55210 b
1programs related to driving under the influence of alcohol or
2drugs.
3 (d-5) A $10 fee to be paid by the defendant on a judgment
4of guilty or a grant of supervision under Section 5-9-1 of the
5Unified Code of Corrections to be placed in the county general
6fund and used to finance the county mental health court, the
7county drug court, the Veterans and Servicemembers Court, or
8any or all of the above.
9 (e) In each county in which a teen court, peer court, peer
10jury, youth court, or other youth diversion program has been
11created, a county may adopt a mandatory fee of up to $5 to be
12assessed as provided in this subsection. Assessments collected
13by the clerk of the circuit court pursuant to this subsection
14must be deposited into an account specifically for the
15operation and administration of a teen court, peer court, peer
16jury, youth court, or other youth diversion program. The clerk
17of the circuit court shall collect the fees established in this
18subsection and must remit the fees to the teen court, peer
19court, peer jury, youth court, or other youth diversion program
20monthly, less 5%, which is to be retained as fee income to the
21office of the clerk of the circuit court. The fees are to be
22paid as follows:
23 (1) a fee of up to $5 paid by the defendant on a
24 judgment of guilty or grant of supervision for violation of
25 the Illinois Vehicle Code or violations of similar
26 provisions contained in county or municipal ordinances

HB3064- 41 -LRB101 10107 LNS 55210 b
1 committed in the county;
2 (2) a fee of up to $5 paid by the defendant on a
3 judgment of guilty or grant of supervision under Section
4 5-9-1 of the Unified Code of Corrections for a felony; for
5 a Class A, Class B, or Class C misdemeanor; for a petty
6 offense; and for a business offense.
7 (f) In each county in which a drug court has been created,
8the county may adopt a mandatory fee of up to $5 to be assessed
9as provided in this subsection. Assessments collected by the
10clerk of the circuit court pursuant to this subsection must be
11deposited into an account specifically for the operation and
12administration of the drug court. The clerk of the circuit
13court shall collect the fees established in this subsection and
14must remit the fees to the drug court, less 5%, which is to be
15retained as fee income to the office of the clerk of the
16circuit court. The fees are to be paid as follows:
17 (1) a fee of up to $5 paid by the defendant on a
18 judgment of guilty or grant of supervision for a violation
19 of the Illinois Vehicle Code or a violation of a similar
20 provision contained in a county or municipal ordinance
21 committed in the county; or
22 (2) a fee of up to $5 paid by the defendant on a
23 judgment of guilty or a grant of supervision under Section
24 5-9-1 of the Unified Code of Corrections for a felony; for
25 a Class A, Class B, or Class C misdemeanor; for a petty
26 offense; and for a business offense.

HB3064- 42 -LRB101 10107 LNS 55210 b
1 The clerk of the circuit court shall deposit the 5%
2retained under this subsection into the Circuit Court Clerk
3Operation and Administrative Fund to be used to defray the
4costs of collection and disbursement of the drug court fee.
5 (f-5) In each county in which a Children's Advocacy Center
6provides services, the county board may adopt a mandatory fee
7of between $5 and $30 to be paid by the defendant on a judgment
8of guilty or a grant of supervision under Section 5-9-1 of the
9Unified Code of Corrections for a felony; for a Class A, Class
10B, or Class C misdemeanor; for a petty offense; and for a
11business offense. Assessments shall be collected by the clerk
12of the circuit court and must be deposited into an account
13specifically for the operation and administration of the
14Children's Advocacy Center. The clerk of the circuit court
15shall collect the fees as provided in this subsection, and must
16remit the fees to the Children's Advocacy Center.
17 (f-10) In each county in which the Court Appointed Special
18Advocates provide services, the county board may, in addition
19to any fine imposed under Section 5-9-1 of the Unified Code of
20Corrections, adopt a mandatory fee of between $10 and $30 to be
21paid by the defendant on a judgment of guilty or a grant of
22supervision for a felony; for a Class A, Class B, or Class C
23misdemeanor; for a petty offense; and for a business offense;
24where a court appearance is required. Assessments shall be
25collected by the clerk of the circuit court and must be
26deposited into an account specifically for the operations of

HB3064- 43 -LRB101 10107 LNS 55210 b
1the Court Appointed Special Advocates. The clerk of the circuit
2court shall collect the fees as provided in this subsection and
3must remit the fees to the Court Appointed Special Advocates
4Fund that the county board shall create for the receipt of
5funds collected under this subsection, and from which the
6county board shall make grants to support the activities and
7services of the Court Appointed Special Advocates within that
8county. The term "Court Appointed Special Advocates" is
9copyrighted and is used with permission of the holder of the
10copyright.
11 (g) The proceeds of all fees enacted under this Section
12must, except as provided in subsections (d), (d-5), (e), (f),
13and (f-10) be placed in the county general fund and used to
14finance the court system in the county, unless the fee is
15subject to disbursement by the circuit clerk as provided under
16Section 27.5 of the Clerks of Courts Act.
17(Source: P.A. 98-331, eff. 8-13-13.)
18 (55 ILCS 5/5-1101.5)
19 Sec. 5-1101.5. Metro East Police District. In addition to
20any fine imposed under Section 5-9-1 of the Unified Code of
21Corrections, St. Clair County may adopt a mandatory fine of
22$100 to be paid by the defendant on a judgment of guilty or a
23grant of supervision for a felony or a violation of Section
2411-501 of the Illinois Vehicle Code, when the offense was
25committed within the corporate limits of a municipality that is

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1located within the Metro East Police District. The clerk of the
2circuit court shall collect the fines as provided in this
3subsection and must remit the fines to the Metro East Police
4District Fund created under Section 15 of the Metro East Police
5District Act. This Section is repealed on December 31, 2019.
6(Source: P.A. 97-971, eff. 1-1-13.)
7 (55 ILCS 5/5-1103) (from Ch. 34, par. 5-1103)
8 Sec. 5-1103. Court services fee. A county board may enact
9by ordinance or resolution a court services fee dedicated to
10defraying court security expenses incurred by the sheriff in
11providing court services or for any other court services deemed
12necessary by the sheriff to provide for court security,
13including without limitation court services provided pursuant
14to Section 3-6023, as now or hereafter amended. Such fee shall
15be paid in civil cases by each party at the time of filing the
16first pleading, paper or other appearance; provided that no
17additional fee shall be required if more than one party is
18represented in a single pleading, paper or other appearance. In
19criminal, local ordinance, county ordinance, traffic and
20conservation cases, such fee shall be assessed against the
21defendant upon a plea of guilty, stipulation of facts or
22findings of guilty, resulting in a judgment of conviction, or
23order of supervision, or sentence of probation without entry of
24judgment pursuant to Section 10 of the Cannabis Control Act,
25Section 410 of the Illinois Controlled Substances Act, Section

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170 of the Methamphetamine Control and Community Protection Act,
2Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the
3Criminal Code of 1961 or the Criminal Code of 2012, Section
410-102 of the Illinois Alcoholism and Other Drug Dependency
5Act, Section 40-10 of the Substance Use Disorder Act, or
6Section 10 of the Steroid Control Act. In setting such fee, the
7county board may impose, with the concurrence of the Chief
8Judge of the judicial circuit in which the county is located by
9administrative order entered by the Chief Judge, differential
10rates for the various types or categories of criminal and civil
11cases, but the maximum rate shall not exceed $25, unless the
12fee is set according to an acceptable cost study in accordance
13with Section 4-5001 of the Counties Code. All proceeds from
14this fee must be used to defray court security expenses
15incurred by the sheriff in providing court services. No fee
16shall be imposed or collected, however, in traffic,
17conservation, and ordinance cases in which fines are paid
18without a court appearance. The fees shall be collected in the
19manner in which all other court fees or costs are collected and
20shall be deposited into the county general fund for payment
21solely of costs incurred by the sheriff in providing court
22security or for any other court services deemed necessary by
23the sheriff to provide for court security.
24(Source: P.A. 99-265, eff. 1-1-16; 100-759, eff. 1-1-19.)
25 Section 70. The Illinois Vehicle Code is amended by

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1changing Sections 2-120, 11-501.01, 11-605, 11-605.1,
211-605.3, 11-1002.5, 15-113, and 16-105 as follows:
3 (625 ILCS 5/2-120) (from Ch. 95 1/2, par. 2-120)
4 Sec. 2-120. Disposition of fines and forfeitures.
5 (a) Fines Except as provided in subsection (f) of Section
611-605 and subsection (c) of Section 11-1002.5 of this Code,
7fines and penalties recovered under the provisions of this Act
8administered by the Secretary of State, except those fines,
9assessments, and penalties subject to disbursement by the
10circuit clerk under the Criminal and Traffic Assessment Act
11Section 27.5 of the Clerks of Courts Act, shall be paid over
12and used as follows:
13 1. For violations of this Act committed within the
14 limits of an incorporated city or village, to the treasurer
15 of the particular city or village, if arrested by the
16 authorities of the city or village and reasonably
17 prosecuted for all fines and penalties under this Act by
18 the police officers and officials of the city or village.
19 2. For violations of this Act committed outside the
20 limits of an incorporated city or village to the county
21 treasurer of the court where the offense was committed.
22 3. For the purposes of this Act an offense for
23 violation of any provision of this Act not committed upon
24 the highway shall be deemed to be committed where the
25 violator resides or where he has a place of business

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1 requiring some registration, permit or license to operate
2 such business under this Act.
3 (b) Failure, refusal or neglect on the part of any judicial
4or other officer or employee receiving or having custody of any
5such fine or forfeiture either before or after a deposit with
6the proper official as defined in paragraph (a) of this
7Section, shall constitute misconduct in office and shall be
8grounds for removal therefrom.
9(Source: P.A. 95-302, eff. 1-1-08.)
10 (625 ILCS 5/11-501.01)
11 Sec. 11-501.01. Additional administrative sanctions.
12 (a) After a finding of guilt and prior to any final
13sentencing or an order for supervision, for an offense based
14upon an arrest for a violation of Section 11-501 or a similar
15provision of a local ordinance, individuals shall be required
16to undergo a professional evaluation to determine if an
17alcohol, drug, or intoxicating compound abuse problem exists
18and the extent of the problem, and undergo the imposition of
19treatment as appropriate. Programs conducting these
20evaluations shall be licensed by the Department of Human
21Services. The cost of any professional evaluation shall be paid
22for by the individual required to undergo the professional
23evaluation.
24 (b) Any person who is found guilty of or pleads guilty to
25violating Section 11-501, including any person receiving a

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1disposition of court supervision for violating that Section,
2may be required by the Court to attend a victim impact panel
3offered by, or under contract with, a county State's Attorney's
4office, a probation and court services department, Mothers
5Against Drunk Driving, or the Alliance Against Intoxicated
6Motorists. All costs generated by the victim impact panel shall
7be paid from fees collected from the offender or as may be
8determined by the court.
9 (c)(Blank). Every person found guilty of violating Section
1011-501, whose operation of a motor vehicle while in violation
11of that Section proximately caused any incident resulting in an
12appropriate emergency response, shall be liable for the expense
13of an emergency response as provided in subsection (i) of this
14Section.
15 (d) The Secretary of State shall revoke the driving
16privileges of any person convicted under Section 11-501 or a
17similar provision of a local ordinance.
18 (e) The Secretary of State shall require the use of
19ignition interlock devices for a period not less than 5 years
20on all vehicles owned by a person who has been convicted of a
21second or subsequent offense of Section 11-501 or a similar
22provision of a local ordinance. The person must pay to the
23Secretary of State DUI Administration Fund an amount not to
24exceed $30 for each month that he or she uses the device. The
25Secretary shall establish by rule and regulation the procedures
26for certification and use of the interlock system, the amount

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1of the fee, and the procedures, terms, and conditions relating
2to these fees. During the time period in which a person is
3required to install an ignition interlock device under this
4subsection (e), that person shall only operate vehicles in
5which ignition interlock devices have been installed, except as
6allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of
7this Code.
8 (f)(Blank). In addition to any other penalties and
9liabilities, a person who is found guilty of or pleads guilty
10to violating Section 11-501, including any person placed on
11court supervision for violating Section 11-501, shall be
12assessed $750, payable to the circuit clerk, who shall
13distribute the money as follows: $350 to the law enforcement
14agency that made the arrest, and $400 shall be forwarded to the
15State Treasurer for deposit into the General Revenue Fund. If
16the person has been previously convicted of violating Section
1711-501 or a similar provision of a local ordinance, the fine
18shall be $1,000, and the circuit clerk shall distribute $200 to
19the law enforcement agency that made the arrest and $800 to the
20State Treasurer for deposit into the General Revenue Fund. In
21the event that more than one agency is responsible for the
22arrest, the amount payable to law enforcement agencies shall be
23shared equally. Any moneys received by a law enforcement agency
24under this subsection (f) shall be used for enforcement and
25prevention of driving while under the influence of alcohol,
26other drug or drugs, intoxicating compound or compounds or any

HB3064- 50 -LRB101 10107 LNS 55210 b
1combination thereof, as defined by Section 11-501 of this Code,
2including but not limited to the purchase of law enforcement
3equipment and commodities that will assist in the prevention of
4alcohol related criminal violence throughout the State; police
5officer training and education in areas related to alcohol
6related crime, including but not limited to DUI training; and
7police officer salaries, including but not limited to salaries
8for hire back funding for safety checkpoints, saturation
9patrols, and liquor store sting operations. Any moneys received
10by the Department of State Police under this subsection (f)
11shall be deposited into the State Police DUI Fund and shall be
12used to purchase law enforcement equipment that will assist in
13the prevention of alcohol related criminal violence throughout
14the State.
15 (g) The Secretary of State Police DUI Fund is created as a
16special fund in the State treasury. All moneys received by the
17Secretary of State Police under subsection (f) of this Section
18shall be deposited into the Secretary of State Police DUI Fund
19and, subject to appropriation, shall be used for enforcement
20and prevention of driving while under the influence of alcohol,
21other drug or drugs, intoxicating compound or compounds or any
22combination thereof, as defined by Section 11-501 of this Code,
23including but not limited to the purchase of law enforcement
24equipment and commodities to assist in the prevention of
25alcohol related criminal violence throughout the State; police
26officer training and education in areas related to alcohol

HB3064- 51 -LRB101 10107 LNS 55210 b
1related crime, including but not limited to DUI training; and
2police officer salaries, including but not limited to salaries
3for hire back funding for safety checkpoints, saturation
4patrols, and liquor store sting operations.
5 (h) Whenever an individual is sentenced for an offense
6based upon an arrest for a violation of Section 11-501 or a
7similar provision of a local ordinance, and the professional
8evaluation recommends remedial or rehabilitative treatment or
9education, neither the treatment nor the education shall be the
10sole disposition and either or both may be imposed only in
11conjunction with another disposition. The court shall monitor
12compliance with any remedial education or treatment
13recommendations contained in the professional evaluation.
14Programs conducting alcohol or other drug evaluation or
15remedial education must be licensed by the Department of Human
16Services. If the individual is not a resident of Illinois,
17however, the court may accept an alcohol or other drug
18evaluation or remedial education program in the individual's
19state of residence. Programs providing treatment must be
20licensed under existing applicable alcoholism and drug
21treatment licensure standards.
22 (i)(Blank). In addition to any other fine or penalty
23required by law, an individual convicted of a violation of
24Section 11-501, Section 5-7 of the Snowmobile Registration and
25Safety Act, Section 5-16 of the Boat Registration and Safety
26Act, or a similar provision, whose operation of a motor

HB3064- 52 -LRB101 10107 LNS 55210 b
1vehicle, snowmobile, or watercraft while in violation of
2Section 11-501, Section 5-7 of the Snowmobile Registration and
3Safety Act, Section 5-16 of the Boat Registration and Safety
4Act, or a similar provision proximately caused an incident
5resulting in an appropriate emergency response, shall be
6required to make restitution to a public agency for the costs
7of that emergency response. The restitution may not exceed
8$1,000 per public agency for each emergency response. As used
9in this subsection (i), "emergency response" means any incident
10requiring a response by a police officer, a firefighter carried
11on the rolls of a regularly constituted fire department, or an
12ambulance. With respect to funds designated for the Department
13of State Police, the moneys shall be remitted by the circuit
14court clerk to the State Police within one month after receipt
15for deposit into the State Police DUI Fund. With respect to
16funds designated for the Department of Natural Resources, the
17Department of Natural Resources shall deposit the moneys into
18the Conservation Police Operations Assistance Fund.
19 (j) A person that is subject to a chemical test or tests of
20blood under subsection (a) of Section 11-501.1 or subdivision
21(c)(2) of Section 11-501.2 of this Code, whether or not that
22person consents to testing, shall be liable for the expense up
23to $500 for blood withdrawal by a physician authorized to
24practice medicine, a licensed physician assistant, a licensed
25advanced practice registered nurse, a registered nurse, a
26trained phlebotomist, a licensed paramedic, or a qualified

HB3064- 53 -LRB101 10107 LNS 55210 b
1person other than a police officer approved by the Department
2of State Police to withdraw blood, who responds, whether at a
3law enforcement facility or a health care facility, to a police
4department request for the drawing of blood based upon refusal
5of the person to submit to a lawfully requested breath test or
6probable cause exists to believe the test would disclose the
7ingestion, consumption, or use of drugs or intoxicating
8compounds if:
9 (1) the person is found guilty of violating Section
10 11-501 of this Code or a similar provision of a local
11 ordinance; or
12 (2) the person pleads guilty to or stipulates to facts
13 supporting a violation of Section 11-503 of this Code or a
14 similar provision of a local ordinance when the plea or
15 stipulation was the result of a plea agreement in which the
16 person was originally charged with violating Section
17 11-501 of this Code or a similar local ordinance.
18(Source: P.A. 99-289, eff. 8-6-15; 99-296, eff. 1-1-16; 99-642,
19eff. 7-28-16; 100-513, eff. 1-1-18.)
20 (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
21 Sec. 11-605. Special speed limit while passing schools.
22 (a) For the purpose of this Section, "school" means the
23following entities:
24 (1) A public or private primary or secondary school.
25 (2) A primary or secondary school operated by a

HB3064- 54 -LRB101 10107 LNS 55210 b
1 religious institution.
2 (3) A public, private, or religious nursery school.
3 On a school day when school children are present and so
4close thereto that a potential hazard exists because of the
5close proximity of the motorized traffic, no person shall drive
6a motor vehicle at a speed in excess of 20 miles per hour while
7passing a school zone or while traveling on a roadway on public
8school property or upon any public thoroughfare where children
9pass going to and from school.
10 For the purpose of this Section a school day shall begin at
11seven ante meridian and shall conclude at four post meridian.
12 This Section shall not be applicable unless appropriate
13signs are posted upon streets and highways under their
14respective jurisdiction and maintained by the Department,
15township, county, park district, city, village or incorporated
16town wherein the school zone is located. With regard to the
17special speed limit while passing schools, such signs shall
18give proper due warning that a school zone is being approached
19and shall indicate the school zone and the maximum speed limit
20in effect during school days when school children are present.
21 (b) (Blank).
22 (c) Nothing in this Chapter shall prohibit the use of
23electronic speed-detecting devices within 500 feet of signs
24within a special school speed zone indicating such zone, as
25defined in this Section, nor shall evidence obtained thereby be
26inadmissible in any prosecution for speeding provided the use

HB3064- 55 -LRB101 10107 LNS 55210 b
1of such device shall apply only to the enforcement of the speed
2limit in such special school speed zone.
3 (d) (Blank).
4 (e) Except as provided in subsection (e-5), a person who
5violates this Section is guilty of a petty offense. Violations
6of this Section are punishable with a minimum fine of $150 for
7the first violation and a minimum fine of $300 for the second
8or subsequent violation.
9 (e-5) A person committing a violation of this Section is
10guilty of aggravated special speed limit while passing schools
11when he or she drives a motor vehicle at a speed that is:
12 (1) 26 miles per hour or more but less than 35 miles
13 per hour in excess of the applicable special speed limit
14 established under this Section or a similar provision of a
15 local ordinance and is guilty of a Class B misdemeanor; or
16 (2) 35 miles per hour or more in excess of the
17 applicable special speed limit established under this
18 Section or a similar provision of a local ordinance and is
19 guilty of a Class A misdemeanor.
20 (f)(Blank). When a fine for a violation of subsection (a)
21is $150 or greater, the person who violates subsection (a)
22shall be charged an additional $50 to be paid to the unit
23school district where the violation occurred for school safety
24purposes. If the violation occurred in a dual school district,
25$25 of the surcharge shall be paid to the elementary school
26district for school safety purposes and $25 of the surcharge

HB3064- 56 -LRB101 10107 LNS 55210 b
1shall be paid to the high school district for school safety
2purposes. Notwithstanding any other provision of law, the
3entire $50 surcharge shall be paid to the appropriate school
4district or districts.
5 For purposes of this subsection (f), "school safety
6purposes" includes the costs associated with school zone safety
7education, the Safe Routes to School Program under Section
82705-317 of the Department of Transportation Law of the Civil
9Administrative Code of Illinois, safety programs within the
10School Safety and Educational Improvement Block Grant Program
11under Section 2-3.51.5 of the School Code, and the purchase,
12installation, and maintenance of caution lights which are
13mounted on school speed zone signs.
14 (g) (Blank).
15 (h) (Blank).
16(Source: P.A. 99-212, eff. 1-1-16.)
17 (625 ILCS 5/11-605.1)
18 Sec. 11-605.1. Special limit while traveling through a
19highway construction or maintenance speed zone.
20 (a) A person may not operate a motor vehicle in a
21construction or maintenance speed zone at a speed in excess of
22the posted speed limit when workers are present.
23 (a-5) A person may not operate a motor vehicle in a
24construction or maintenance speed zone at a speed in excess of
25the posted speed limit when workers are not present.

HB3064- 57 -LRB101 10107 LNS 55210 b
1 (b) Nothing in this Chapter prohibits the use of electronic
2speed-detecting devices within 500 feet of signs within a
3construction or maintenance speed zone indicating the zone, as
4defined in this Section, nor shall evidence obtained by use of
5those devices be inadmissible in any prosecution for speeding,
6provided the use of the device shall apply only to the
7enforcement of the speed limit in the construction or
8maintenance speed zone.
9 (c) As used in this Section, a "construction or maintenance
10speed zone" is an area in which the Department, Toll Highway
11Authority, or local agency has posted signage advising drivers
12that a construction or maintenance speed zone is being
13approached, or in which the Department, Authority, or local
14agency has posted a lower speed limit with a highway
15construction or maintenance speed zone special speed limit sign
16after determining that the preexisting established speed limit
17through a highway construction or maintenance project is
18greater than is reasonable or safe with respect to the
19conditions expected to exist in the construction or maintenance
20speed zone.
21 If it is determined that the preexisting established speed
22limit is safe with respect to the conditions expected to exist
23in the construction or maintenance speed zone, additional speed
24limit signs which conform to the requirements of this
25subsection (c) shall be posted.
26 Highway construction or maintenance speed zone special

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1speed limit signs shall be of a design approved by the
2Department. The signs must give proper due warning that a
3construction or maintenance speed zone is being approached and
4must indicate the maximum speed limit in effect. The signs also
5must state the amount of the minimum fine for a violation.
6 (d) Except as provided under subsection (d-5), a person who
7violates this Section is guilty of a petty offense. Violations
8of this Section are punishable with a minimum fine of $250 for
9the first violation and a minimum fine of $750 for the second
10or subsequent violation.
11 (d-5) A person committing a violation of this Section is
12guilty of aggravated special speed limit while traveling
13through a highway construction or maintenance speed zone when
14he or she drives a motor vehicle at a speed that is:
15 (1) 26 miles per hour or more but less than 35 miles
16 per hour in excess of the applicable special speed limit
17 established under this Section or a similar provision of a
18 local ordinance and is guilty of a Class B misdemeanor; or
19 (2) 35 miles per hour or more in excess of the
20 applicable special speed limit established under this
21 Section or a similar provision of a local ordinance and is
22 guilty of a Class A misdemeanor.
23 (e) (Blank). If a fine for a violation of this Section is
24$250 or greater, the person who violated this Section shall be
25charged an additional $125, which shall be deposited into the
26Transportation Safety Highway Hire-back Fund in the State

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1treasury, unless (i) the violation occurred on a highway other
2than an interstate highway and (ii) a county police officer
3wrote the ticket for the violation, in which case the $125
4shall be deposited into that county's Transportation Safety
5Highway Hire-back Fund. In the case of a second or subsequent
6violation of this Section, if the fine is $750 or greater, the
7person who violated this Section shall be charged an additional
8$250, which shall be deposited into the Transportation Safety
9Highway Hire-back Fund in the State treasury, unless (i) the
10violation occurred on a highway other than an interstate
11highway and (ii) a county police officer wrote the ticket for
12the violation, in which case the $250 shall be deposited into
13that county's Transportation Safety Highway Hire-back Fund.
14 (e-5) The Department of State Police and the local county
15police department have concurrent jurisdiction over any
16violation of this Section that occurs on an interstate highway.
17 (f) The Transportation Safety Highway Hire-back Fund,
18which was created by Public Act 92-619, shall continue to be a
19special fund in the State treasury. Subject to appropriation by
20the General Assembly and approval by the Secretary, the
21Secretary of Transportation shall use all moneys in the
22Transportation Safety Highway Hire-back Fund to hire off-duty
23Department of State Police officers to monitor construction or
24maintenance zones.
25 (f-5) Each county shall create a Transportation Safety
26Highway Hire-back Fund. The county shall use the moneys in its

HB3064- 60 -LRB101 10107 LNS 55210 b
1Transportation Safety Highway Hire-back Fund to hire off-duty
2county police officers to monitor construction or maintenance
3zones in that county on highways other than interstate
4highways. The county, in its discretion, may also use a portion
5of the moneys in its Transportation Safety Highway Hire-back
6Fund to purchase equipment for county law enforcement and fund
7the production of materials to educate drivers on construction
8zone safe driving habits.
9 (g) For a second or subsequent violation of this Section
10within 2 years of the date of the previous violation, the
11Secretary of State shall suspend the driver's license of the
12violator for a period of 90 days. This suspension shall only be
13imposed if the current violation of this Section and at least
14one prior violation of this Section occurred during a period
15when workers were present in the construction or maintenance
16zone.
17(Source: P.A. 98-337, eff. 1-1-14; 99-212, eff. 1-1-16; 99-280,
18eff. 1-1-16; 99-642, eff. 7-28-16.)
19 (625 ILCS 5/11-605.3)
20 Sec. 11-605.3. Special traffic protections while passing
21parks and recreation facilities and areas.
22 (a) As used in this Section:
23 (1) "Park district" means the following entities:
24 (A) any park district organized under the Park
25 District Code;

HB3064- 61 -LRB101 10107 LNS 55210 b
1 (B) any park district organized under the Chicago
2 Park District Act; and
3 (C) any municipality, county, forest district,
4 school district, township, or other unit of local
5 government that operates a public recreation
6 department or public recreation facilities that has
7 recreation facilities that are not on land owned by any
8 park district listed in subparagraphs (A) and (B) of
9 this subdivision (a)(1).
10 (2) "Park zone" means the recreation facilities and
11 areas on any land owned or operated by a park district that
12 are used for recreational purposes, including but not
13 limited to: parks; playgrounds; swimming pools; hiking
14 trails; bicycle paths; picnic areas; roads and streets; and
15 parking lots.
16 (3) "Park zone street" means that portion of any street
17 or intersection under the control of a local unit of
18 government, adjacent to a park zone, where the local unit
19 of government has, by ordinance or resolution, designated
20 and approved the street or intersection as a park zone
21 street. If, before the effective date of this amendatory
22 Act of the 94th General Assembly, a street already had a
23 posted speed limit lower than 20 miles per hour, then the
24 lower limit may be used for that park zone street.
25 (4) "Safety purposes" means the costs associated with:
26 park zone safety education; the purchase, installation,

HB3064- 62 -LRB101 10107 LNS 55210 b
1 and maintenance of signs, roadway painting, and caution
2 lights mounted on park zone signs; and any other expense
3 associated with park zones and park zone streets.
4 (b) On any day when children are present and within 50 feet
5of motorized traffic, a person may not drive a motor vehicle at
6a speed in excess of 20 miles per hour or any lower posted
7speed while traveling on a park zone street that has been
8designated for the posted reduced speed.
9 (c) On any day when children are present and within 50 feet
10of motorized traffic, any driver traveling on a park zone
11street who fails to come to a complete stop at a stop sign or
12red light, including a driver who fails to come to a complete
13stop at a red light before turning right onto a park zone
14street, is in violation of this Section.
15 (d) This Section does not apply unless appropriate signs
16are posted upon park zone streets maintained by the Department
17or by the unit of local government in which the park zone is
18located. With regard to the special speed limit on park zone
19streets, the signs must give proper due warning that a park
20zone is being approached and must indicate the maximum speed
21limit on the park zone street.
22 (e) A first violation of this Section is a petty offense
23with a minimum fine of $250. A second or subsequent violation
24of this Section is a petty offense with a minimum fine of $500.
25 (f)(Blank). When a fine for a violation of this Section is
26imposed, the person who violates this Section shall be charged

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1an additional $50, to be paid to the park district for safety
2purposes.
3 (g) The Department shall, within 6 months of the effective
4date of this amendatory Act of the 94th General Assembly,
5design a set of standardized traffic signs for park zones and
6park zone streets, including but not limited to: "park zone",
7"park zone speed limit", and "warning: approaching a park
8zone". The design of these signs shall be made available to all
9units of local government or manufacturers at no charge, except
10for reproduction and postage.
11(Source: P.A. 94-808, eff. 5-26-06.)
12 (625 ILCS 5/11-1002.5)
13 Sec. 11-1002.5. Pedestrians' right-of-way at crosswalks;
14school zones.
15 (a) For the purpose of this Section, "school" has the
16meaning ascribed to that term in Section 11-605.
17 On a school day when school children are present and so
18close thereto that a potential hazard exists because of the
19close proximity of the motorized traffic and when traffic
20control signals are not in place or not in operation, the
21driver of a vehicle shall stop and yield the right-of-way to a
22pedestrian crossing the roadway within a crosswalk when the
23pedestrian is upon the half of the roadway upon which the
24vehicle is traveling, or when the pedestrian is approaching so
25closely from the opposite half of the roadway as to be in

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1danger.
2 For the purpose of this Section, a school day shall begin
3at seven ante meridian and shall conclude at four post
4meridian.
5 This Section shall not be applicable unless appropriate
6signs are posted in accordance with Section 11-605.
7 (b) A first violation of this Section is a petty offense
8with a minimum fine of $150. A second or subsequent violation
9of this Section is a petty offense with a minimum fine of $300.
10 (c) (Blank). When a fine for a violation of subsection (a)
11is $150 or greater, the person who violates subsection (a)
12shall be charged an additional $50 to be paid to the unit
13school district where the violation occurred for school safety
14purposes. If the violation occurred in a dual school district,
15$25 of the surcharge shall be paid to the elementary school
16district for school safety purposes and $25 of the surcharge
17shall be paid to the high school district for school safety
18purposes. Notwithstanding any other provision of law, the
19entire $50 surcharge shall be paid to the appropriate school
20district or districts.
21 For purposes of this subsection (c), "school safety
22purposes" has the meaning ascribed to that term in Section
2311-605.
24(Source: P.A. 95-302, eff. 1-1-08; 96-1165, eff. 7-22-10.)
25 (625 ILCS 5/15-113) (from Ch. 95 1/2, par. 15-113)

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1 Sec. 15-113. Violations; Penalties.
2 (a) Whenever any vehicle is operated in violation of the
3provisions of Section 15-111 or subsection (d) of Section
43-401, the owner or driver of such vehicle shall be deemed
5guilty of such violation and either the owner or the driver of
6such vehicle may be prosecuted for such violation. Any person
7charged with a violation of any of these provisions who pleads
8not guilty shall be present in court for the trial on the
9charge. Any person, firm or corporation convicted of any
10violation of Section 15-111 including, but not limited to, a
11maximum axle or gross limit specified on a regulatory sign
12posted in accordance with paragraph (e) or (f) of Section
1315-111, shall be fined according to the following schedule:
14Up to and including 2000 pounds overweight, the fine is $100
15From 2001 through 2500 pounds overweight, the fine is $270
16From 2501 through 3000 pounds overweight, the fine is $330
17From 3001 through 3500 pounds overweight, the fine is $520
18From 3501 through 4000 pounds overweight, the fine is $600
19From 4001 through 4500 pounds overweight, the fine is $850

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1From 4501 through 5000 pounds overweight, the fine is $950
2From 5001 or more pounds overweight, the fine shall be computed
3by assessing $1500 for the first 5000 pounds overweight and
4$150 for each additional increment of 500 pounds overweight or
5fraction thereof.
6 In addition any person, firm or corporation convicted of 4
7or more violations of Section 15-111 within any 12 month period
8shall be fined an additional amount of $5,000 for the fourth
9and each subsequent conviction within the 12 month period.
10Provided, however, that with regard to a firm or corporation, a
11fourth or subsequent conviction shall mean a fourth or
12subsequent conviction attributable to any one employee-driver.
13 (b) Whenever any vehicle is operated in violation of the
14provisions of Sections 15-102, 15-103 or 15-107, the owner or
15driver of such vehicle shall be deemed guilty of such violation
16and either may be prosecuted for such violation. Any person,
17firm or corporation convicted of any violation of Sections
1815-102, 15-103 or 15-107 shall be fined for the first or second
19conviction an amount equal to not less than $50 nor more than
20$500, and for the third and subsequent convictions by the same
21person, firm or corporation within a period of one year after
22the date of the first offense, not less than $500 nor more than
23$1,000.
24 (c) All proceeds equal to 50% of the additional fines

HB3064- 67 -LRB101 10107 LNS 55210 b
1imposed under subsection (a) of this Section by this amendatory
2Act of the 96th General Assembly shall be remitted to the State
3Treasurer and deposited into the Capital Projects Fund.
4(Source: P.A. 96-34, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-201,
5eff. 1-1-12.)
6 (625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105)
7 Sec. 16-105. Disposition of fines and forfeitures.
8 (a) Except as provided in Section 15-113 and Section
916-104a of this Act and except for those amounts required to be
10paid into the Traffic and Criminal Conviction Surcharge Fund in
11the State Treasury pursuant to Section 9.1 of the Illinois
12Police Training Act and Section 5-9-1 of the Unified Code of
13Corrections and except those amounts subject to disbursement by
14the circuit clerk under the Criminal and Traffic Assessment Act
15Section 27.5 of the Clerks of Courts Act, fines and penalties
16recovered under the provisions of Chapters 3 11 through 17 and
1718b 16 inclusive of this Code shall be paid and used as
18follows:
19 1. For offenses committed upon a highway within the
20 limits of a city, village, or incorporated town or under
21 the jurisdiction of any park district, to the treasurer of
22 the particular city, village, incorporated town or park
23 district, if the violator was arrested by the authorities
24 of the city, village, incorporated town or park district,
25 provided the police officers and officials of cities,

HB3064- 68 -LRB101 10107 LNS 55210 b
1 villages, incorporated towns and park districts shall
2 seasonably prosecute for all fines and penalties under this
3 Code. If the violation is prosecuted by the authorities of
4 the county, any fines or penalties recovered shall be paid
5 to the county treasurer, except that fines and penalties
6 recovered from violations arrested by the State Police
7 shall be remitted to the State Police Law Enforcement
8 Administration Fund. Provided further that if the violator
9 was arrested by the State Police, fines and penalties
10 recovered under the provisions of paragraph (a) of Section
11 15-113 of this Code or paragraph (e) of Section 15-316 of
12 this Code shall be paid over to the Department of State
13 Police which shall thereupon remit the amount of the fines
14 and penalties so received to the State Treasurer who shall
15 deposit the amount so remitted in the special fund in the
16 State treasury known as the Road Fund except that if the
17 violation is prosecuted by the State's Attorney, 10% of the
18 fine or penalty recovered shall be paid to the State's
19 Attorney as a fee of his office and the balance shall be
20 paid over to the Department of State Police for remittance
21 to and deposit by the State Treasurer as hereinabove
22 provided.
23 2. Except as provided in paragraph 4, for offenses
24 committed upon any highway outside the limits of a city,
25 village, incorporated town or park district, to the county
26 treasurer of the county where the offense was committed

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1 except if such offense was committed on a highway
2 maintained by or under the supervision of a township,
3 township district, or a road district to the Treasurer
4 thereof for deposit in the road and bridge fund of such
5 township or other district, except that fines and penalties
6 recovered from violations arrested by the State Police
7 shall be remitted to the State Police Law Enforcement
8 Administration Fund; provided ; Provided, that fines and
9 penalties recovered under the provisions of paragraph (a)
10 of Section 15-113, paragraph (d) of Section 3-401, or
11 paragraph (e) of Section 15-316 of this Code shall be paid
12 over to the Department of State Police which shall
13 thereupon remit the amount of the fines and penalties so
14 received to the State Treasurer who shall deposit the
15 amount so remitted in the special fund in the State
16 treasury known as the Road Fund except that if the
17 violation is prosecuted by the State's Attorney, 10% of the
18 fine or penalty recovered shall be paid to the State's
19 Attorney as a fee of his office and the balance shall be
20 paid over to the Department of State Police for remittance
21 to and deposit by the State Treasurer as hereinabove
22 provided.
23 3. Notwithstanding subsections 1 and 2 of this
24 paragraph, for violations of overweight and overload
25 limits found in Sections 15-101 through 15-203 of this
26 Code, which are committed upon the highways belonging to

HB3064- 70 -LRB101 10107 LNS 55210 b
1 the Illinois State Toll Highway Authority, fines and
2 penalties shall be paid over to the Illinois State Toll
3 Highway Authority for deposit with the State Treasurer into
4 that special fund known as the Illinois State Toll Highway
5 Authority Fund, except that if the violation is prosecuted
6 by the State's Attorney, 10% of the fine or penalty
7 recovered shall be paid to the State's Attorney as a fee of
8 his office and the balance shall be paid over to the
9 Illinois State Toll Highway Authority for remittance to and
10 deposit by the State Treasurer as hereinabove provided.
11 4. With regard to violations of overweight and overload
12 limits found in Sections 15-101 through 15-203 of this Code
13 committed by operators of vehicles registered as Special
14 Hauling Vehicles, for offenses committed upon a highway
15 within the limits of a city, village, or incorporated town
16 or under the jurisdiction of any park district, all fines
17 and penalties shall be paid over or retained as required in
18 paragraph 1. However, with regard to the above offenses
19 committed by operators of vehicles registered as Special
20 Hauling Vehicles upon any highway outside the limits of a
21 city, village, incorporated town or park district, fines
22 and penalties shall be paid over or retained by the entity
23 having jurisdiction over the road or highway upon which the
24 offense occurred, except that if the violation is
25 prosecuted by the State's Attorney, 10% of the fine or
26 penalty recovered shall be paid to the State's Attorney as

HB3064- 71 -LRB101 10107 LNS 55210 b
1 a fee of his office.
2 (b) Failure, refusal or neglect on the part of any judicial
3or other officer or employee receiving or having custody of any
4such fine or forfeiture either before or after a deposit with
5the proper official as defined in paragraph (a) of this
6Section, shall constitute misconduct in office and shall be
7grounds for removal therefrom.
8(Source: P.A. 96-34, eff. 1-1-10.)
9 Section 75. The Illinois Vehicle Code is amended by
10reenacting Sections 16-104a, 16-104b, 16-104c, 16-104d, and
1116-104d-1 as follows:
12 (625 ILCS 5/16-104a) (from Ch. 95 1/2, par. 16-104a)
13 Sec. 16-104a. Additional penalty for certain violations.
14 (a) There is added to every fine imposed upon conviction of
15an offense reportable to the Secretary of State under the
16provisions of subdivision (a)(2) of Section 6-204 of this Act
17an additional penalty of $4 for each $40, or fraction thereof,
18of fine imposed. Each such additional penalty received shall be
19remitted within one month to the State Treasurer to be
20deposited into the Drivers Education Fund, unless the
21additional penalty is subject to disbursement by the circuit
22clerk under Section 27.5 of the Clerks of Courts Act. Such
23additional amounts shall be assessed by the court and shall be
24collected by the Clerk of the Circuit Court in addition to the

HB3064- 72 -LRB101 10107 LNS 55210 b
1fine and costs in the case. Such additional penalty shall not
2be considered a part of the fine for purposes of any reduction
3made in the fine for time served either before or after
4sentencing. Not later than March 1 of each year the Clerk of
5the Circuit Court shall submit to the State Comptroller a
6report of the amount of funds remitted by him to the State
7Treasurer under this Section during the preceding calendar
8year. Except as otherwise provided by Supreme Court Rules, if a
9court in sentencing an offender levies a gross amount for fine,
10costs, fees and penalties, the amount of the additional penalty
11provided for herein shall be computed on the amount remaining
12after deducting from the gross amount levied all fees of the
13Circuit Clerk, the State's Attorney and the Sheriff. After
14deducting from the gross amount levied the fees and additional
15penalty provided for herein, less any other additional
16penalties provided by law, the clerk shall remit the net
17balance remaining to the entity authorized by law to receive
18the fine imposed in the case. For purposes of this Section
19"fees of the Circuit Clerk" shall include, if applicable, the
20fee provided for under Section 27.3a of the Clerks of Courts
21Act and the fee, if applicable, payable to the county in which
22the violation occurred pursuant to Section 5-1101 of the
23Counties Code.
24 When bail is forfeited for failure to appear in connection
25with an offense reportable to the Secretary of State under
26subdivision (a)(2) of Section 6-204 of this Act, and no fine is

HB3064- 73 -LRB101 10107 LNS 55210 b
1imposed ex parte, $4 of every $40 cash deposit, or fraction
2thereof, given to secure appearance shall be remitted within
3one month to the State Treasurer to be deposited into the
4Drivers Education Fund, unless the bail is subject to
5disbursement by the circuit clerk under Section 27.5 of the
6Clerks of Courts Act.
7 (b) In addition to any other fine or penalty required by
8law for a person convicted of a violation of Section 11-503 or
911-601.5 of this Code or a similar provision of a local
10ordinance, the court may, in its discretion, require the person
11to pay an additional criminal penalty that shall be distributed
12in its entirety to a public agency that provided an emergency
13response related to the person's violation. The criminal
14penalty may not exceed $100 per public agency for each
15emergency response provided for a first violation of Section
1611-503 or 11-601.5 of this Code or a similar provision of a
17local ordinance. The criminal penalty may not exceed $500 per
18public agency for each emergency response provided for a second
19or subsequent violation of Section 11-503 or 11-601.5 of this
20Code or a similar provision of a local ordinance. As used in
21this subsection, "emergency response" means any incident
22requiring a response by a police officer, an ambulance, a
23firefighter carried on the rolls of a regularly constituted
24fire department or fire protection district, a firefighter of a
25volunteer fire department, or a member if a recognized
26not-for-profit rescue or emergency medical service provider.

HB3064- 74 -LRB101 10107 LNS 55210 b
1With respect to funds designated for the Department of State
2Police, the moneys shall be remitted by the circuit court clerk
3to the State Police within one month after receipt for deposit
4into the State Police Operations Assistance Fund. With respect
5to funds designated for the Department of Natural Resources,
6the Department of Natural Resources shall deposit the moneys
7into the Conservation Police Operations Assistance Fund.
8(Source: P.A. 96-1173, eff. 7-22-10; 97-931, eff. 1-1-13.)
9 (625 ILCS 5/16-104b)
10 Sec. 16-104b. Amounts for Trauma Center Fund. In counties
11that have elected not to distribute moneys under the
12disbursement formulas in Sections 27.5 and 27.6 of the Clerks
13of Courts Act, the Circuit Clerk of the County, when collecting
14fees, fines, costs, additional penalties, bail balances
15assessed or forfeited, and any other amount imposed upon a
16conviction of or an order of supervision for a violation of
17laws or ordinances regulating the movement of traffic that
18amounts to $55 or more, shall remit $5 of the total amount
19collected, less 2 1/2% of the $5 to help defray the
20administrative costs incurred by the Clerk, except that upon a
21conviction or order of supervision for driving under the
22influence of alcohol or drugs the Clerk shall remit $105 of the
23total amount collected ($5 for a traffic violation that amounts
24to $55 or more and an additional fee of $100 to be collected by
25the Circuit Clerk for a conviction or order of supervision for

HB3064- 75 -LRB101 10107 LNS 55210 b
1driving under the influence of alcohol or drugs), less the 2
21/2%, within 60 days to the State Treasurer to be deposited
3into the Trauma Center Fund. Of the amounts deposited into the
4Trauma Center Fund under this Section, 50% shall be disbursed
5to the Department of Public Health and 50% shall be disbursed
6to the Department of Healthcare and Family Services. Not later
7than March 1 of each year the Circuit Clerk shall submit a
8report of the amount of funds remitted to the State Treasurer
9under this Section during the preceding calendar year.
10(Source: P.A. 95-331, eff. 8-21-07.)
11 (625 ILCS 5/16-104c)
12 Sec. 16-104c. Court supervision fees.
13 (a) Any person who receives a disposition of court
14supervision for a violation of any provision of this Code or a
15similar provision of a local ordinance shall pay an additional
16fee of $29, which shall be disbursed as follows:
17 (1) if an officer of the Department of State Police
18 arrested the person for the violation, $20 of the $29 fee
19 shall be deposited into the State Police Vehicle Fund in
20 the State treasury; or
21 (2) if an officer of any law enforcement agency in the
22 State other than the Department of State Police arrested
23 the person for the violation, $20 of the $29 fee shall be
24 paid to the law enforcement agency that employed the
25 arresting officer and shall be used for the acquisition or

HB3064- 76 -LRB101 10107 LNS 55210 b
1 maintenance of police vehicles; and
2 (3) $9 of the $29 fee shall be deposited into the
3 Drivers Education Fund.
4 (b) In addition to the fee provided for in subsection (a),
5a person who receives a disposition of court supervision for
6any violation of this Code or a similar provision of a local
7ordinance shall also pay an additional fee of $6, if not waived
8by the court. Of this $6 fee, $5.50 shall be deposited into the
9Circuit Court Clerk Operation and Administrative Fund created
10by the Clerk of the Circuit Court and 50 cents shall be
11deposited into the Prisoner Review Board Vehicle and Equipment
12Fund in the State treasury.
13 (c) The Prisoner Review Board Vehicle and Equipment Fund is
14created as a special fund in the State treasury. The Prisoner
15Review Board shall, subject to appropriation by the General
16Assembly and approval by the Secretary, use all moneys in the
17Prisoner Review Board Vehicle and Equipment Fund for the
18purchase and operation of vehicles and equipment.
19(Source: P.A. 95-428, eff. 8-24-07; 96-625, eff. 1-1-10.)
20 (625 ILCS 5/16-104d)
21 Sec. 16-104d. Additional fee; serious traffic violation.
22Any person who is convicted of, pleads guilty to, or is placed
23on supervision for a serious traffic violation, as defined in
24Section 1-187.001 of this Code, a violation of Section 11-501
25of this Code, or a violation of a similar provision of a local

HB3064- 77 -LRB101 10107 LNS 55210 b
1ordinance shall pay an additional fee of $35. Of that fee, $15
2shall be deposited into the Fire Prevention Fund in the State
3treasury, $14 shall be deposited into the Fire Truck Revolving
4Loan Fund in the State treasury, $1 shall be deposited into the
5George Bailey Memorial Fund in the State treasury, and $5 shall
6be deposited into the Circuit Court Clerk Operation and
7Administrative Fund created by the Clerk of the Circuit Court.
8 This Section becomes inoperative on January 1, 2017.
9(Source: P.A. 98-658, eff. 6-23-14; 99-455, eff. 1-1-16.)
10 (625 ILCS 5/16-104d-1)
11 Sec. 16-104d-1. Additional fee. Beginning on January 1,
122017, any person who is convicted of, pleads guilty to, or is
13placed on supervision for a serious traffic violation, as
14defined in Section 1-187.001 of this Code, a violation of
15Section 11-501 of this Code, or a violation of a similar
16provision of a local ordinance shall pay an additional fee of
17$35. Of that fee, $15 shall be deposited into the Fire
18Prevention Fund in the State treasury, $15 shall be deposited
19into the Fire Truck Revolving Loan Fund in the State treasury,
20and $5 shall be deposited into the Circuit Court Clerk
21Operation and Administrative Fund.
22 This Section becomes inoperative on January 1, 2020.
23(Source: P.A. 99-455, eff. 1-1-16.)
24 Section 80. The Access to Justice Act is amended by

HB3064- 78 -LRB101 10107 LNS 55210 b
1changing Section 15 as follows:
2 (705 ILCS 95/15)
3 Sec. 15. Access to Justice Fund.
4 (a) The Access to Justice Fund is created as a special fund
5in the State treasury. The Fund shall consist of fees collected
6under Section 27.3g of the Clerks of Courts Act. Moneys in the
7Access to Justice Fund shall be appropriated to the Attorney
8General for disbursements to the Foundation. The Foundation
9shall use the moneys to make grants and distributions for the
10administration of the pilot programs created under this Act.
11Grants or distributions made under this Act to the Foundation
12are subject to the requirements of the Illinois Grant Funds
13Recovery Act.
14 (b) In accordance with the requirements of the Illinois
15Equal Justice Act, the Foundation may make grants, enter into
16contracts, and take other actions recommended by the Council to
17effectuate the pilot programs and comply with the other
18requirements of this Act.
19 (c) The governing board of the Foundation must prepare and
20submit an annual report to the Governor, the President of the
21Senate, the Minority Leader of the Senate, the Speaker of the
22House of Representatives, the Minority Leader of the House of
23Representatives, and the Justices of the Illinois Supreme
24Court. The report must include: (i) a statement of the total
25receipts and a breakdown by source during each of the previous

HB3064- 79 -LRB101 10107 LNS 55210 b
12 calendar years; (ii) a list of the names and addresses of the
2recipients that are currently receiving grants or
3distributions and that received grants or distributions in the
4previous year and the amounts committed to recipients for the
5current year and paid in the previous year; (iii) a breakdown
6of the amounts of grants or distributions paid during the
7previous year to recipients and the amounts committed to each
8recipient for the current year; (iv) a breakdown of the
9Foundation's costs in administering the Fund; (v) a statement
10of the Fund balance at the start and at the close of the
11previous year and the interest earned during the previous year;
12and (vi) any notices the Foundation issued denying applications
13for grants or distributions under this Act. The report, in its
14entirety, is a public record, and the Foundation and the
15Governor shall make the report available for inspection upon
16request.
17 (d) The Foundation may annually retain a portion of the
18disbursements it receives under this Section to reimburse the
19Foundation for the actual cost of administering the Council and
20for making the grants and distributions pursuant to this Act
21during that year.
22 (e) No moneys distributed by the Foundation from the Access
23to Justice Fund may be directly or indirectly used for lobbying
24activities, as defined in Section 2 of the Lobbyist
25Registration Act or as defined in any ordinance or resolution
26of a municipality, county, or other unit of local government in

HB3064- 80 -LRB101 10107 LNS 55210 b
1Illinois.
2 (f) The Foundation may make, enter into, and execute
3contracts, agreements, leases, and other instruments with any
4person, including without limitation any federal, State, or
5local governmental agency, and may take other actions that may
6be necessary or convenient to accomplish any purpose authorized
7by this Act.
8 (g) The Foundation has the authority to receive and accept
9any and all grants, loans, subsidies, matching funds,
10reimbursements, federal grant moneys, fees for services, and
11other things of value from the federal or State government or
12any agency of any other state or from any institution, person,
13firm, or corporation, public or private, to be used to carry
14out the purposes of this Act.
15(Source: P.A. 98-351, eff. 8-15-13; 99-281, eff. 8-5-15.)
16 (705 ILCS 105/27.1b rep.) (as added by Public Act 100-987)
17 (705 ILCS 105/27.3b-1 rep.) (as added by Public Act
18 100-987)
19 Section 85. The Clerks of Courts Act is amended by
20repealing Sections 27.1b, as added by Public Act 100-987, and
2127.3b-1, as added by Public Act 100-987.
22 Section 90. The Clerks of Courts Act is amended by changing
23Sections 27.2b and 27.3 as follows:

HB3064- 81 -LRB101 10107 LNS 55210 b
1 (705 ILCS 105/27.2b)
2 Sec. 27.2b. State income tax refund intercept. The Clerk
3of the Circuit Court may enter into an agreement with the
4Illinois Department of Revenue to establish a pilot program for
5the purpose of collecting certain balances owed fees. The
6purpose shall be to intercept, in whole or in part, State
7income tax refunds due the persons who owe past due fees to the
8Clerk of the Circuit Court in order to satisfy unpaid
9assessments under the Criminal and Traffic Assessment Act and
10fines as ordered by the court fees pursuant to the fee
11requirements of Sections 27.1a, 27.2, and 27.2a of this Act.
12The agreement shall include, but may not be limited to, a
13certification by the Clerk of the Circuit Court that the debt
14claims forwarded to the Department of Revenue are valid and
15that reasonable efforts have been made to notify persons of the
16delinquency of the debt. The agreement shall include provisions
17for payment of the intercept by the Department of Revenue to
18the Clerk of the Circuit Court and procedures for an
19appeal/protest by the debtor when an intercept occurs. The
20agreement may also include provisions to allow the Department
21of Revenue to recover its cost for administering the program.
22 Intercepts made pursuant to this Section shall not
23interfere with the collection of debts related to child
24support. During the collection of debts under this Section,
25when there are 2 or more debt claims certified to the
26Department at the same time, priority of collection shall be as

HB3064- 82 -LRB101 10107 LNS 55210 b
1provided in Section 911.3 of the Illinois Income Tax Act.
2(Source: P.A. 93-836, eff. 1-1-05.)
3 (705 ILCS 105/27.3) (from Ch. 25, par. 27.3)
4 Sec. 27.3. Compensation.
5 (a) The county board shall provide the compensation of
6Clerks of the Circuit Court, and the amount necessary for clerk
7hire, stationery, fuel and other expenses. Beginning December
81, 1989, the compensation per annum for Clerks of the Circuit
9Court shall be as follows:
10 In counties where the population is:
11Less than 14,000.......................at least $13,500
1214,001-30,000..........................at least $14,500
1330,001-60,000..........................at least $15,000
1460,001-100,000.........................at least $15,000
15100,001-200,000........................at least $16,500
16200,001-300,000........................at least $18,000
17300,001- 3,000,000.....................at least $20,000
18Over 3,000,000.........................at least $55,000
19 (b) In counties in which the population is 3,000,000 or
20less, "base salary" is the compensation paid for each Clerk of
21the Circuit Court, respectively, before July 1, 1989.
22 (c) The Clerks of the Circuit Court, in counties in which
23the population is 3,000,000 or less, shall be compensated as
24follows:
25 (1) Beginning December 1, 1989, base salary plus at

HB3064- 83 -LRB101 10107 LNS 55210 b
1 least 3% of base salary.
2 (2) Beginning December 1, 1990, base salary plus at
3 least 6% of base salary.
4 (3) Beginning December 1, 1991, base salary plus at
5 least 9% of base salary.
6 (4) Beginning December 1, 1992, base salary plus at
7 least 12% of base salary.
8 (d) In addition to the compensation provided by the county
9board, each Clerk of the Circuit Court shall receive an award
10from the State for the additional duties imposed by Sections
115-9-1 and 5-9-1.2 of the Unified Code of Corrections, Section
1210 of the Violent Crime Victims Assistance Act, Section 16-104a
13of the Illinois Vehicle Code, and other laws, in the following
14amount:
15 (1) $3,500 per year before January 1, 1997.
16 (2) $4,500 per year beginning January 1, 1997.
17 (3) $5,500 per year beginning January 1, 1998.
18 (4) $6,500 per year beginning January 1, 1999.
19The total amount required for such awards shall be appropriated
20each year by the General Assembly to the Supreme Court, which
21shall distribute such awards in annual lump sum payments to the
22Clerks of the Circuit Court in all counties. This annual award,
23and any other award or stipend paid out of State funds to the
24Clerks of the Circuit Court, shall not affect any other
25compensation provided by law to be paid to Clerks of the
26Circuit Court.

HB3064- 84 -LRB101 10107 LNS 55210 b
1 (e) (Blank).
2 (f) No county board may reduce or otherwise impair the
3compensation payable from county funds to a Clerk of the
4Circuit Court if the reduction or impairment is the result of
5the Clerk of the Circuit Court receiving an award or stipend
6payable from State funds.
7(Source: P.A. 98-24, eff. 6-19-13.)
8 Section 95. The Clerks of Courts Act is amended by
9reenacting Sections 27.1a, 27.2, 27.2a, 27.3a, 27.3c, 27.3e,
1027.3g, 27.4, 27.5, 27.6, and 27.7 as follows:
11 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
12 Sec. 27.1a. The fees of the clerks of the circuit court in
13all counties having a population of not more than 500,000
14inhabitants in the instances described in this Section shall be
15as provided in this Section. In those instances where a minimum
16and maximum fee is stated, the clerk of the circuit court must
17charge the minimum fee listed and may charge up to the maximum
18fee if the county board has by resolution increased the fee.
19The fees shall be paid in advance and shall be as follows:
20(a) Civil Cases.
21 With the following exceptions, the fee for filing a
22 complaint, petition, or other pleading initiating a civil
23 action shall be a minimum of $40 and shall be a maximum of
24 $160 through December 31, 2021 and a maximum of $154 on and

HB3064- 85 -LRB101 10107 LNS 55210 b
1 after January 1, 2022.
2 (A) When the amount of money or damages or the
3 value of personal property claimed does not exceed
4 $250, $10.
5 (B) When that amount exceeds $250 but does not
6 exceed $500, a minimum of $10 and a maximum of $20.
7 (C) When that amount exceeds $500 but does not
8 exceed $2500, a minimum of $25 and a maximum of $40.
9 (D) When that amount exceeds $2500 but does not
10 exceed $15,000, a minimum of $25 and a maximum of $75.
11 (E) For the exercise of eminent domain, a minimum
12 of $45 and a maximum of $150. For each additional lot
13 or tract of land or right or interest therein subject
14 to be condemned, the damages in respect to which shall
15 require separate assessment by a jury, a minimum of $45
16 and a maximum of $150.
17(a-1) Family.
18 For filing a petition under the Juvenile Court Act of
19 1987, $25.
20 For filing a petition for a marriage license, $10.
21 For performing a marriage in court, $10.
22 For filing a petition under the Illinois Parentage Act
23 of 2015, $40.
24(b) Eviction.
25 In each eviction case when the plaintiff seeks eviction
26 only or unites with his or her claim for eviction a claim

HB3064- 86 -LRB101 10107 LNS 55210 b
1 for rent or damages or both in the amount of $15,000 or
2 less, a minimum of $10 and a maximum of $50. When the
3 plaintiff unites his or her claim for eviction with a claim
4 for rent or damages or both exceeding $15,000, a minimum of
5 $40 and a maximum of $160.
6(c) Counterclaim or Joining Third Party Defendant.
7 When any defendant files a counterclaim as part of his
8 or her answer or otherwise or joins another party as a
9 third party defendant, or both, the defendant shall pay a
10 fee for each counterclaim or third party action in an
11 amount equal to the fee he or she would have had to pay had
12 he or she brought a separate action for the relief sought
13 in the counterclaim or against the third party defendant,
14 less the amount of the appearance fee, if that has been
15 paid.
16(d) Confession of Judgment.
17 In a confession of judgment when the amount does not
18 exceed $1500, a minimum of $20 and a maximum of $50. When
19 the amount exceeds $1500, but does not exceed $15,000, a
20 minimum of $40 and a maximum of $115. When the amount
21 exceeds $15,000, a minimum of $40 and a maximum of $200.
22(e) Appearance.
23 The fee for filing an appearance in each civil case
24 shall be a minimum of $15 and a maximum of $60, except as
25 follows:
26 (A) When the plaintiff in an eviction case seeks

HB3064- 87 -LRB101 10107 LNS 55210 b
1 eviction only, a minimum of $10 and a maximum of $50.
2 (B) When the amount in the case does not exceed
3 $1500, a minimum of $10 and a maximum of $30.
4 (C) When that amount exceeds $1500 but does not
5 exceed $15,000, a minimum of $15 and a maximum of $60.
6(f) Garnishment, Wage Deduction, and Citation.
7 In garnishment affidavit, wage deduction affidavit,
8 and citation petition when the amount does not exceed
9 $1,000, a minimum of $5 and a maximum of $15; when the
10 amount exceeds $1,000 but does not exceed $5,000, a minimum
11 of $5 and a maximum of $30; and when the amount exceeds
12 $5,000, a minimum of $5 and a maximum of $50.
13(g) Petition to Vacate or Modify.
14 (1) Petition to vacate or modify any final judgment or
15 order of court, except in eviction cases and small claims
16 cases or a petition to reopen an estate, to modify,
17 terminate, or enforce a judgment or order for child or
18 spousal support, or to modify, suspend, or terminate an
19 order for withholding, if filed before 30 days after the
20 entry of the judgment or order, a minimum of $20 and a
21 maximum of $50.
22 (2) Petition to vacate or modify any final judgment or
23 order of court, except a petition to modify, terminate, or
24 enforce a judgment or order for child or spousal support or
25 to modify, suspend, or terminate an order for withholding,
26 if filed later than 30 days after the entry of the judgment

HB3064- 88 -LRB101 10107 LNS 55210 b
1 or order, a minimum of $20 and a maximum of $75.
2 (3) Petition to vacate order of bond forfeiture, a
3 minimum of $10 and a maximum of $40.
4(h) Mailing.
5 When the clerk is required to mail, the fee will be a
6 minimum of $2 and a maximum of $10, plus the cost of
7 postage.
8(i) Certified Copies.
9 Each certified copy of a judgment after the first,
10 except in small claims and eviction cases, a minimum of $2
11 and a maximum of $10.
12(j) Habeas Corpus.
13 For filing a petition for relief by habeas corpus, a
14 minimum of $60 and a maximum of $100.
15(k) Certification, Authentication, and Reproduction.
16 (1) Each certification or authentication for taking
17 the acknowledgment of a deed or other instrument in writing
18 with the seal of office, a minimum of $2 and a maximum of
19 $6.
20 (2) Court appeals when original documents are
21 forwarded, under 100 pages, plus delivery and costs, a
22 minimum of $20 and a maximum of $60.
23 (3) Court appeals when original documents are
24 forwarded, over 100 pages, plus delivery and costs, a
25 minimum of $50 and a maximum of $150.
26 (4) Court appeals when original documents are

HB3064- 89 -LRB101 10107 LNS 55210 b
1 forwarded, over 200 pages, an additional fee of a minimum
2 of 20 cents and a maximum of 25 cents per page.
3 (5) For reproduction of any document contained in the
4 clerk's files:
5 (A) First page, a minimum of $1 and a maximum of
6 $2.
7 (B) Next 19 pages, 50 cents per page.
8 (C) All remaining pages, 25 cents per page.
9(l) Remands.
10 In any cases remanded to the Circuit Court from the
11 Supreme Court or the Appellate Court for a new trial, the
12 clerk shall file the remanding order and reinstate the case
13 with either its original number or a new number. The Clerk
14 shall not charge any new or additional fee for the
15 reinstatement. Upon reinstatement the Clerk shall advise
16 the parties of the reinstatement. A party shall have the
17 same right to a jury trial on remand and reinstatement as
18 he or she had before the appeal, and no additional or new
19 fee or charge shall be made for a jury trial after remand.
20(m) Record Search.
21 For each record search, within a division or municipal
22 district, the clerk shall be entitled to a search fee of a
23 minimum of $4 and a maximum of $6 for each year searched.
24(n) Hard Copy.
25 For each page of hard copy print output, when case
26 records are maintained on an automated medium, the clerk

HB3064- 90 -LRB101 10107 LNS 55210 b
1 shall be entitled to a fee of a minimum of $4 and a maximum
2 of $6.
3(o) Index Inquiry and Other Records.
4 No fee shall be charged for a single
5 plaintiff/defendant index inquiry or single case record
6 inquiry when this request is made in person and the records
7 are maintained in a current automated medium, and when no
8 hard copy print output is requested. The fees to be charged
9 for management records, multiple case records, and
10 multiple journal records may be specified by the Chief
11 Judge pursuant to the guidelines for access and
12 dissemination of information approved by the Supreme
13 Court.
14(p) (Blank).
15(q) Alias Summons.
16 For each alias summons or citation issued by the clerk,
17 a minimum of $2 and a maximum of $5.
18(r) Other Fees.
19 Any fees not covered in this Section shall be set by
20 rule or administrative order of the Circuit Court with the
21 approval of the Administrative Office of the Illinois
22 Courts.
23 The clerk of the circuit court may provide additional
24 services for which there is no fee specified by statute in
25 connection with the operation of the clerk's office as may
26 be requested by the public and agreed to by the clerk and

HB3064- 91 -LRB101 10107 LNS 55210 b
1 approved by the chief judge of the circuit court. Any
2 charges for additional services shall be as agreed to
3 between the clerk and the party making the request and
4 approved by the chief judge of the circuit court. Nothing
5 in this subsection shall be construed to require any clerk
6 to provide any service not otherwise required by law.
7(s) Jury Services.
8 The clerk shall be entitled to receive, in addition to
9 other fees allowed by law, the sum of a minimum of $62.50
10 and a maximum of $212.50, as a fee for the services of a
11 jury in every civil action not quasi-criminal in its nature
12 and not a proceeding for the exercise of the right of
13 eminent domain and in every other action wherein the right
14 of trial by jury is or may be given by law. The jury fee
15 shall be paid by the party demanding a jury at the time of
16 filing the jury demand. If the fee is not paid by either
17 party, no jury shall be called in the action or proceeding,
18 and the same shall be tried by the court without a jury.
19(t) Voluntary Assignment.
20 For filing each deed of voluntary assignment, a minimum
21 of $10 and a maximum of $20; for recording the same, a
22 minimum of 25 cents and a maximum of 50 cents for each 100
23 words. Exceptions filed to claims presented to an assignee
24 of a debtor who has made a voluntary assignment for the
25 benefit of creditors shall be considered and treated, for
26 the purpose of taxing costs therein, as actions in which

HB3064- 92 -LRB101 10107 LNS 55210 b
1 the party or parties filing the exceptions shall be
2 considered as party or parties plaintiff, and the claimant
3 or claimants as party or parties defendant, and those
4 parties respectively shall pay to the clerk the same fees
5 as provided by this Section to be paid in other actions.
6(u) Expungement Petition.
7 The clerk shall be entitled to receive a fee of a
8 minimum of $15 and a maximum of $60 for each expungement
9 petition filed and an additional fee of a minimum of $2 and
10 a maximum of $4 for each certified copy of an order to
11 expunge arrest records.
12(v) Probate.
13 The clerk is entitled to receive the fees specified in
14 this subsection (v), which shall be paid in advance, except
15 that, for good cause shown, the court may suspend, reduce,
16 or release the costs payable under this subsection:
17 (1) For administration of the estate of a decedent
18 (whether testate or intestate) or of a missing person, a
19 minimum of $50 and a maximum of $150, plus the fees
20 specified in subsection (v)(3), except:
21 (A) When the value of the real and personal
22 property does not exceed $15,000, the fee shall be a
23 minimum of $25 and a maximum of $40.
24 (B) When (i) proof of heirship alone is made, (ii)
25 a domestic or foreign will is admitted to probate
26 without administration (including proof of heirship),

HB3064- 93 -LRB101 10107 LNS 55210 b
1 or (iii) letters of office are issued for a particular
2 purpose without administration of the estate, the fee
3 shall be a minimum of $10 and a maximum of $40.
4 (C) For filing a petition to sell Real Estate, $50.
5 (2) For administration of the estate of a ward, a
6 minimum of $50 and a maximum of $75, plus the fees
7 specified in subsection (v)(3), except:
8 (A) When the value of the real and personal
9 property does not exceed $15,000, the fee shall be a
10 minimum of $25 and a maximum of $40.
11 (B) When (i) letters of office are issued to a
12 guardian of the person or persons, but not of the
13 estate or (ii) letters of office are issued in the
14 estate of a ward without administration of the estate,
15 including filing or joining in the filing of a tax
16 return or releasing a mortgage or consenting to the
17 marriage of the ward, the fee shall be a minimum of $10
18 and a maximum of $20.
19 (C) For filing a Petition to sell Real Estate, $50.
20 (3) In addition to the fees payable under subsection
21 (v)(1) or (v)(2) of this Section, the following fees are
22 payable:
23 (A) For each account (other than one final account)
24 filed in the estate of a decedent, or ward, a minimum
25 of $10 and a maximum of $25.
26 (B) For filing a claim in an estate when the amount

HB3064- 94 -LRB101 10107 LNS 55210 b
1 claimed is $150 or more but less than $500, a minimum
2 of $10 and a maximum of $25; when the amount claimed is
3 $500 or more but less than $10,000, a minimum of $10
4 and a maximum of $40; when the amount claimed is
5 $10,000 or more, a minimum of $10 and a maximum of $60;
6 provided that the court in allowing a claim may add to
7 the amount allowed the filing fee paid by the claimant.
8 (C) For filing in an estate a claim, petition, or
9 supplemental proceeding based upon an action seeking
10 equitable relief including the construction or contest
11 of a will, enforcement of a contract to make a will,
12 and proceedings involving testamentary trusts or the
13 appointment of testamentary trustees, a minimum of $40
14 and a maximum of $60.
15 (D) For filing in an estate (i) the appearance of
16 any person for the purpose of consent or (ii) the
17 appearance of an executor, administrator,
18 administrator to collect, guardian, guardian ad litem,
19 or special administrator, no fee.
20 (E) Except as provided in subsection (v)(3)(D),
21 for filing the appearance of any person or persons, a
22 minimum of $10 and a maximum of $30.
23 (F) For each jury demand, a minimum of $62.50 and a
24 maximum of $137.50.
25 (G) For disposition of the collection of a judgment
26 or settlement of an action or claim for wrongful death

HB3064- 95 -LRB101 10107 LNS 55210 b
1 of a decedent or of any cause of action of a ward, when
2 there is no other administration of the estate, a
3 minimum of $30 and a maximum of $50, less any amount
4 paid under subsection (v)(1)(B) or (v)(2)(B) except
5 that if the amount involved does not exceed $5,000, the
6 fee, including any amount paid under subsection
7 (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
8 maximum of $20.
9 (H) For each certified copy of letters of office,
10 of court order or other certification, a minimum of $1
11 and a maximum of $2, plus a minimum of 50 cents and a
12 maximum of $1 per page in excess of 3 pages for the
13 document certified.
14 (I) For each exemplification, a minimum of $1 and a
15 maximum of $2, plus the fee for certification.
16 (4) The executor, administrator, guardian, petitioner,
17 or other interested person or his or her attorney shall pay
18 the cost of publication by the clerk directly to the
19 newspaper.
20 (5) The person on whose behalf a charge is incurred for
21 witness, court reporter, appraiser, or other miscellaneous
22 fee shall pay the same directly to the person entitled
23 thereto.
24 (6) The executor, administrator, guardian, petitioner,
25 or other interested person or his or her attorney shall pay
26 to the clerk all postage charges incurred by the clerk in

HB3064- 96 -LRB101 10107 LNS 55210 b
1 mailing petitions, orders, notices, or other documents
2 pursuant to the provisions of the Probate Act of 1975.
3(w) Criminal and Quasi-Criminal Costs and Fees.
4 (1) The clerk shall be entitled to costs in all
5 criminal and quasi-criminal cases from each person
6 convicted or sentenced to supervision therein as follows:
7 (A) Felony complaints, a minimum of $40 and a
8 maximum of $100.
9 (B) Misdemeanor complaints, a minimum of $25 and a
10 maximum of $75.
11 (C) Business offense complaints, a minimum of $25
12 and a maximum of $75.
13 (D) Petty offense complaints, a minimum of $25 and
14 a maximum of $75.
15 (E) Minor traffic or ordinance violations, $10.
16 (F) When court appearance required, $15.
17 (G) Motions to vacate or amend final orders, a
18 minimum of $20 and a maximum of $40.
19 (H) Motions to vacate bond forfeiture orders, a
20 minimum of $20 and a maximum of $40.
21 (I) Motions to vacate ex parte judgments, whenever
22 filed, a minimum of $20 and a maximum of $40.
23 (J) Motions to vacate judgment on forfeitures,
24 whenever filed, a minimum of $20 and a maximum of $40.
25 (K) Motions to vacate "failure to appear" or
26 "failure to comply" notices sent to the Secretary of

HB3064- 97 -LRB101 10107 LNS 55210 b
1 State, a minimum of $20 and a maximum of $40.
2 (2) In counties having a population of not more than
3 500,000 inhabitants, when the violation complaint is
4 issued by a municipal police department, the clerk shall be
5 entitled to costs from each person convicted therein as
6 follows:
7 (A) Minor traffic or ordinance violations, $10.
8 (B) When court appearance required, $15.
9 (3) In ordinance violation cases punishable by fine
10 only, the clerk of the circuit court shall be entitled to
11 receive, unless the fee is excused upon a finding by the
12 court that the defendant is indigent, in addition to other
13 fees or costs allowed or imposed by law, the sum of a
14 minimum of $62.50 and a maximum of $137.50 as a fee for the
15 services of a jury. The jury fee shall be paid by the
16 defendant at the time of filing his or her jury demand. If
17 the fee is not so paid by the defendant, no jury shall be
18 called, and the case shall be tried by the court without a
19 jury.
20(x) Transcripts of Judgment.
21 For the filing of a transcript of judgment, the clerk
22 shall be entitled to the same fee as if it were the
23 commencement of a new suit.
24(y) Change of Venue.
25 (1) For the filing of a change of case on a change of
26 venue, the clerk shall be entitled to the same fee as if it

HB3064- 98 -LRB101 10107 LNS 55210 b
1 were the commencement of a new suit.
2 (2) The fee for the preparation and certification of a
3 record on a change of venue to another jurisdiction, when
4 original documents are forwarded, a minimum of $10 and a
5 maximum of $40.
6(z) Tax objection complaints.
7 For each tax objection complaint containing one or more
8 tax objections, regardless of the number of parcels
9 involved or the number of taxpayers joining on the
10 complaint, a minimum of $10 and a maximum of $50.
11(aa) Tax Deeds.
12 (1) Petition for tax deed, if only one parcel is
13 involved, a minimum of $45 and a maximum of $200.
14 (2) For each additional parcel, add a fee of a minimum
15 of $10 and a maximum of $60.
16(bb) Collections.
17 (1) For all collections made of others, except the
18 State and county and except in maintenance or child support
19 cases, a sum equal to a minimum of 2% and a maximum of 2.5%
20 of the amount collected and turned over.
21 (2) Interest earned on any funds held by the clerk
22 shall be turned over to the county general fund as an
23 earning of the office.
24 (3) For any check, draft, or other bank instrument
25 returned to the clerk for non-sufficient funds, account
26 closed, or payment stopped, $25.

HB3064- 99 -LRB101 10107 LNS 55210 b
1 (4) In child support and maintenance cases, the clerk,
2 if authorized by an ordinance of the county board, may
3 collect an annual fee of up to $36 from the person making
4 payment for maintaining child support records and the
5 processing of support orders to the State of Illinois KIDS
6 system and the recording of payments issued by the State
7 Disbursement Unit for the official record of the Court.
8 This fee shall be in addition to and separate from amounts
9 ordered to be paid as maintenance or child support and
10 shall be deposited into a Separate Maintenance and Child
11 Support Collection Fund, of which the clerk shall be the
12 custodian, ex-officio, to be used by the clerk to maintain
13 child support orders and record all payments issued by the
14 State Disbursement Unit for the official record of the
15 Court. The clerk may recover from the person making the
16 maintenance or child support payment any additional cost
17 incurred in the collection of this annual fee.
18 The clerk shall also be entitled to a fee of $5 for
19 certifications made to the Secretary of State as provided
20 in Section 7-703 of the Family Financial Responsibility Law
21 and these fees shall also be deposited into the Separate
22 Maintenance and Child Support Collection Fund.
23(cc) Corrections of Numbers.
24 For correction of the case number, case title, or
25 attorney computer identification number, if required by
26 rule of court, on any document filed in the clerk's office,

HB3064- 100 -LRB101 10107 LNS 55210 b
1 to be charged against the party that filed the document, a
2 minimum of $10 and a maximum of $25.
3(dd) Exceptions.
4 (1) The fee requirements of this Section shall not
5 apply to police departments or other law enforcement
6 agencies. In this Section, "law enforcement agency" means
7 an agency of the State or a unit of local government which
8 is vested by law or ordinance with the duty to maintain
9 public order and to enforce criminal laws or ordinances.
10 "Law enforcement agency" also means the Attorney General or
11 any state's attorney.
12 (2) No fee provided herein shall be charged to any unit
13 of local government or school district.
14 (3) The fee requirements of this Section shall not
15 apply to any action instituted under subsection (b) of
16 Section 11-31-1 of the Illinois Municipal Code by a private
17 owner or tenant of real property within 1200 feet of a
18 dangerous or unsafe building seeking an order compelling
19 the owner or owners of the building to take any of the
20 actions authorized under that subsection.
21 (4) The fee requirements of this Section shall not
22 apply to the filing of any commitment petition or petition
23 for an order authorizing the administration of
24 psychotropic medication or electroconvulsive therapy under
25 the Mental Health and Developmental Disabilities Code.
26(ee) Adoptions.

HB3064- 101 -LRB101 10107 LNS 55210 b
1 (1) For an adoption...............................$65
2 (2) Upon good cause shown, the court may waive the
3 adoption filing fee in a special needs adoption. The term
4 "special needs adoption" shall have the meaning ascribed to
5 it by the Illinois Department of Children and Family
6 Services.
7(ff) Adoption exemptions.
8 No fee other than that set forth in subsection (ee)
9 shall be charged to any person in connection with an
10 adoption proceeding nor may any fee be charged for
11 proceedings for the appointment of a confidential
12 intermediary under the Adoption Act.
13(Source: P.A. 99-85, eff. 1-1-16; 99-859, eff. 8-19-16;
14100-173, eff. 1-1-18.)
15 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
16 Sec. 27.2. The fees of the clerks of the circuit court in
17all counties having a population in excess of 500,000
18inhabitants but less than 3,000,000 inhabitants in the
19instances described in this Section shall be as provided in
20this Section. In those instances where a minimum and maximum
21fee is stated, counties with more than 500,000 inhabitants but
22less than 3,000,000 inhabitants must charge the minimum fee
23listed in this Section and may charge up to the maximum fee if
24the county board has by resolution increased the fee. In
25addition, the minimum fees authorized in this Section shall

HB3064- 102 -LRB101 10107 LNS 55210 b
1apply to all units of local government and school districts in
2counties with more than 3,000,000 inhabitants. The fees shall
3be paid in advance and shall be as follows:
4(a) Civil Cases.
5 With the following exceptions, the fee for filing a
6 complaint, petition, or other pleading initiating a civil
7 action shall be a minimum of $150 and shall be a maximum of
8 $190 through December 31, 2021 and a maximum of $184 on and
9 after January 1, 2022.
10 (A) When the amount of money or damages or the
11 value of personal property claimed does not exceed
12 $250, a minimum of $10 and a maximum of $15.
13 (B) When that amount exceeds $250 but does not
14 exceed $1,000, a minimum of $20 and a maximum of $40.
15 (C) When that amount exceeds $1,000 but does not
16 exceed $2500, a minimum of $30 and a maximum of $50.
17 (D) When that amount exceeds $2500 but does not
18 exceed $5,000, a minimum of $75 and a maximum of $100.
19 (D-5) When the amount exceeds $5,000 but does not
20 exceed $15,000, a minimum of $75 and a maximum of $150.
21 (E) For the exercise of eminent domain, $150. For
22 each additional lot or tract of land or right or
23 interest therein subject to be condemned, the damages
24 in respect to which shall require separate assessment
25 by a jury, $150.
26 (F) No fees shall be charged by the clerk to a

HB3064- 103 -LRB101 10107 LNS 55210 b
1 petitioner in any order of protection including, but
2 not limited to, filing, modifying, withdrawing,
3 certifying, or photocopying petitions for orders of
4 protection, or for issuing alias summons, or for any
5 related filing service, certifying, modifying,
6 vacating, or photocopying any orders of protection.
7(b) Eviction.
8 In each eviction case when the plaintiff seeks eviction
9 only or unites with his or her claim for eviction a claim
10 for rent or damages or both in the amount of $15,000 or
11 less, a minimum of $40 and a maximum of $75. When the
12 plaintiff unites his or her claim for eviction with a claim
13 for rent or damages or both exceeding $15,000, a minimum of
14 $150 and a maximum of $225.
15(c) Counterclaim or Joining Third Party Defendant.
16 When any defendant files a counterclaim as part of his
17 or her answer or otherwise or joins another party as a
18 third party defendant, or both, the defendant shall pay a
19 fee for each counterclaim or third party action in an
20 amount equal to the fee he or she would have had to pay had
21 he or she brought a separate action for the relief sought
22 in the counterclaim or against the third party defendant,
23 less the amount of the appearance fee, if that has been
24 paid.
25(d) Confession of Judgment.
26 In a confession of judgment when the amount does not

HB3064- 104 -LRB101 10107 LNS 55210 b
1 exceed $1500, a minimum of $50 and a maximum of $60. When
2 the amount exceeds $1500, but does not exceed $5,000, $75.
3 When the amount exceeds $5,000, but does not exceed
4 $15,000, $175. When the amount exceeds $15,000, a minimum
5 of $200 and a maximum of $250.
6(e) Appearance.
7 The fee for filing an appearance in each civil case
8 shall be a minimum of $50 and a maximum of $75, except as
9 follows:
10 (A) When the plaintiff in an eviction case seeks
11 eviction only, a minimum of $20 and a maximum of $40.
12 (B) When the amount in the case does not exceed
13 $1500, a minimum of $20 and a maximum of $40.
14 (C) When the amount in the case exceeds $1500 but
15 does not exceed $15,000, a minimum of $40 and a maximum
16 of $60.
17(f) Garnishment, Wage Deduction, and Citation.
18 In garnishment affidavit, wage deduction affidavit,
19 and citation petition when the amount does not exceed
20 $1,000, a minimum of $10 and a maximum of $15; when the
21 amount exceeds $1,000 but does not exceed $5,000, a minimum
22 of $20 and a maximum of $30; and when the amount exceeds
23 $5,000, a minimum of $30 and a maximum of $50.
24(g) Petition to Vacate or Modify.
25 (1) Petition to vacate or modify any final judgment or
26 order of court, except in eviction cases and small claims

HB3064- 105 -LRB101 10107 LNS 55210 b
1 cases or a petition to reopen an estate, to modify,
2 terminate, or enforce a judgment or order for child or
3 spousal support, or to modify, suspend, or terminate an
4 order for withholding, if filed before 30 days after the
5 entry of the judgment or order, a minimum of $40 and a
6 maximum of $50.
7 (2) Petition to vacate or modify any final judgment or
8 order of court, except a petition to modify, terminate, or
9 enforce a judgment or order for child or spousal support or
10 to modify, suspend, or terminate an order for withholding,
11 if filed later than 30 days after the entry of the judgment
12 or order, a minimum of $60 and a maximum of $75.
13 (3) Petition to vacate order of bond forfeiture, a
14 minimum of $20 and a maximum of $40.
15(h) Mailing.
16 When the clerk is required to mail, the fee will be a
17 minimum of $6 and a maximum of $10, plus the cost of
18 postage.
19(i) Certified Copies.
20 Each certified copy of a judgment after the first,
21 except in small claims and eviction cases, a minimum of $10
22 and a maximum of $15.
23(j) Habeas Corpus.
24 For filing a petition for relief by habeas corpus, a
25 minimum of $80 and a maximum of $125.
26(k) Certification, Authentication, and Reproduction.

HB3064- 106 -LRB101 10107 LNS 55210 b
1 (1) Each certification or authentication for taking
2 the acknowledgment of a deed or other instrument in writing
3 with the seal of office, a minimum of $4 and a maximum of
4 $6.
5 (2) Court appeals when original documents are
6 forwarded, under 100 pages, plus delivery and costs, a
7 minimum of $50 and a maximum of $75.
8 (3) Court appeals when original documents are
9 forwarded, over 100 pages, plus delivery and costs, a
10 minimum of $120 and a maximum of $150.
11 (4) Court appeals when original documents are
12 forwarded, over 200 pages, an additional fee of a minimum
13 of 20 and a maximum of 25 cents per page.
14 (5) For reproduction of any document contained in the
15 clerk's files:
16 (A) First page, $2.
17 (B) Next 19 pages, 50 cents per page.
18 (C) All remaining pages, 25 cents per page.
19(l) Remands.
20 In any cases remanded to the Circuit Court from the
21 Supreme Court or the Appellate Court for a new trial, the
22 clerk shall file the remanding order and reinstate the case
23 with either its original number or a new number. The Clerk
24 shall not charge any new or additional fee for the
25 reinstatement. Upon reinstatement the Clerk shall advise
26 the parties of the reinstatement. A party shall have the

HB3064- 107 -LRB101 10107 LNS 55210 b
1 same right to a jury trial on remand and reinstatement as
2 he or she had before the appeal, and no additional or new
3 fee or charge shall be made for a jury trial after remand.
4(m) Record Search.
5 For each record search, within a division or municipal
6 district, the clerk shall be entitled to a search fee of a
7 minimum of $4 and a maximum of $6 for each year searched.
8(n) Hard Copy.
9 For each page of hard copy print output, when case
10 records are maintained on an automated medium, the clerk
11 shall be entitled to a fee of a minimum of $4 and a maximum
12 of $6.
13(o) Index Inquiry and Other Records.
14 No fee shall be charged for a single
15 plaintiff/defendant index inquiry or single case record
16 inquiry when this request is made in person and the records
17 are maintained in a current automated medium, and when no
18 hard copy print output is requested. The fees to be charged
19 for management records, multiple case records, and
20 multiple journal records may be specified by the Chief
21 Judge pursuant to the guidelines for access and
22 dissemination of information approved by the Supreme
23 Court.
24(p) (Blank).
25(q) Alias Summons.
26 For each alias summons or citation issued by the clerk,

HB3064- 108 -LRB101 10107 LNS 55210 b
1 a minimum of $4 and a maximum of $5.
2(r) Other Fees.
3 Any fees not covered in this Section shall be set by
4 rule or administrative order of the Circuit Court with the
5 approval of the Administrative Office of the Illinois
6 Courts.
7 The clerk of the circuit court may provide additional
8 services for which there is no fee specified by statute in
9 connection with the operation of the clerk's office as may
10 be requested by the public and agreed to by the clerk and
11 approved by the chief judge of the circuit court. Any
12 charges for additional services shall be as agreed to
13 between the clerk and the party making the request and
14 approved by the chief judge of the circuit court. Nothing
15 in this subsection shall be construed to require any clerk
16 to provide any service not otherwise required by law.
17(s) Jury Services.
18 The clerk shall be entitled to receive, in addition to
19 other fees allowed by law, the sum of a minimum of $192.50
20 and a maximum of $212.50, as a fee for the services of a
21 jury in every civil action not quasi-criminal in its nature
22 and not a proceeding for the exercise of the right of
23 eminent domain and in every other action wherein the right
24 of trial by jury is or may be given by law. The jury fee
25 shall be paid by the party demanding a jury at the time of
26 filing the jury demand. If the fee is not paid by either

HB3064- 109 -LRB101 10107 LNS 55210 b
1 party, no jury shall be called in the action or proceeding,
2 and the same shall be tried by the court without a jury.
3(t) Voluntary Assignment.
4 For filing each deed of voluntary assignment, a minimum
5 of $10 and a maximum of $20; for recording the same, a
6 minimum of 25 and a maximum of 50 for each 100 words.
7 Exceptions filed to claims presented to an assignee of a
8 debtor who has made a voluntary assignment for the benefit
9 of creditors shall be considered and treated, for the
10 purpose of taxing costs therein, as actions in which the
11 party or parties filing the exceptions shall be considered
12 as party or parties plaintiff, and the claimant or
13 claimants as party or parties defendant, and those parties
14 respectively shall pay to the clerk the same fees as
15 provided by this Section to be paid in other actions.
16(u) Expungement Petition.
17 The clerk shall be entitled to receive a fee of a
18 minimum of $30 and a maximum of $60 for each expungement
19 petition filed and an additional fee of a minimum of $2 and
20 a maximum of $4 for each certified copy of an order to
21 expunge arrest records.
22(v) Probate.
23 The clerk is entitled to receive the fees specified in
24 this subsection (v), which shall be paid in advance, except
25 that, for good cause shown, the court may suspend, reduce,
26 or release the costs payable under this subsection:

HB3064- 110 -LRB101 10107 LNS 55210 b
1 (1) For administration of the estate of a decedent
2 (whether testate or intestate) or of a missing person, a
3 minimum of $100 and a maximum of $150, plus the fees
4 specified in subsection (v)(3), except:
5 (A) When the value of the real and personal
6 property does not exceed $15,000, the fee shall be a
7 minimum of $25 and a maximum of $40.
8 (B) When (i) proof of heirship alone is made, (ii)
9 a domestic or foreign will is admitted to probate
10 without administration (including proof of heirship),
11 or (iii) letters of office are issued for a particular
12 purpose without administration of the estate, the fee
13 shall be a minimum of $25 and a maximum of $40.
14 (2) For administration of the estate of a ward, a
15 minimum of $50 and a maximum of $75, plus the fees
16 specified in subsection (v)(3), except:
17 (A) When the value of the real and personal
18 property does not exceed $15,000, the fee shall be a
19 minimum of $25 and a maximum of $40.
20 (B) When (i) letters of office are issued to a
21 guardian of the person or persons, but not of the
22 estate or (ii) letters of office are issued in the
23 estate of a ward without administration of the estate,
24 including filing or joining in the filing of a tax
25 return or releasing a mortgage or consenting to the
26 marriage of the ward, the fee shall be a minimum of $10

HB3064- 111 -LRB101 10107 LNS 55210 b
1 and a maximum of $20.
2 (3) In addition to the fees payable under subsection
3 (v)(1) or (v)(2) of this Section, the following fees are
4 payable:
5 (A) For each account (other than one final account)
6 filed in the estate of a decedent, or ward, a minimum
7 of $15 and a maximum of $25.
8 (B) For filing a claim in an estate when the amount
9 claimed is $150 or more but less than $500, a minimum
10 of $10 and a maximum of $20; when the amount claimed is
11 $500 or more but less than $10,000, a minimum of $25
12 and a maximum of $40; when the amount claimed is
13 $10,000 or more, a minimum of $40 and a maximum of $60;
14 provided that the court in allowing a claim may add to
15 the amount allowed the filing fee paid by the claimant.
16 (C) For filing in an estate a claim, petition, or
17 supplemental proceeding based upon an action seeking
18 equitable relief including the construction or contest
19 of a will, enforcement of a contract to make a will,
20 and proceedings involving testamentary trusts or the
21 appointment of testamentary trustees, a minimum of $40
22 and a maximum of $60.
23 (D) For filing in an estate (i) the appearance of
24 any person for the purpose of consent or (ii) the
25 appearance of an executor, administrator,
26 administrator to collect, guardian, guardian ad litem,

HB3064- 112 -LRB101 10107 LNS 55210 b
1 or special administrator, no fee.
2 (E) Except as provided in subsection (v)(3)(D),
3 for filing the appearance of any person or persons, a
4 minimum of $10 and a maximum of $30.
5 (F) For each jury demand, a minimum of $102.50 and
6 a maximum of $137.50.
7 (G) For disposition of the collection of a judgment
8 or settlement of an action or claim for wrongful death
9 of a decedent or of any cause of action of a ward, when
10 there is no other administration of the estate, a
11 minimum of $30 and a maximum of $50, less any amount
12 paid under subsection (v)(1)(B) or (v)(2)(B) except
13 that if the amount involved does not exceed $5,000, the
14 fee, including any amount paid under subsection
15 (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
16 maximum of $20.
17 (H) For each certified copy of letters of office,
18 of court order or other certification, a minimum of $1
19 and a maximum of $2, plus a minimum of 50 and a
20 maximum of $1 per page in excess of 3 pages for the
21 document certified.
22 (I) For each exemplification, a minimum of $1 and a
23 maximum of $2, plus the fee for certification.
24 (4) The executor, administrator, guardian, petitioner,
25 or other interested person or his or her attorney shall pay
26 the cost of publication by the clerk directly to the

HB3064- 113 -LRB101 10107 LNS 55210 b
1 newspaper.
2 (5) The person on whose behalf a charge is incurred for
3 witness, court reporter, appraiser, or other miscellaneous
4 fee shall pay the same directly to the person entitled
5 thereto.
6 (6) The executor, administrator, guardian, petitioner,
7 or other interested person or his attorney shall pay to the
8 clerk all postage charges incurred by the clerk in mailing
9 petitions, orders, notices, or other documents pursuant to
10 the provisions of the Probate Act of 1975.
11(w) Criminal and Quasi-Criminal Costs and Fees.
12 (1) The clerk shall be entitled to costs in all
13 criminal and quasi-criminal cases from each person
14 convicted or sentenced to supervision therein as follows:
15 (A) Felony complaints, a minimum of $80 and a
16 maximum of $125.
17 (B) Misdemeanor complaints, a minimum of $50 and a
18 maximum of $75.
19 (C) Business offense complaints, a minimum of $50
20 and a maximum of $75.
21 (D) Petty offense complaints, a minimum of $50 and
22 a maximum of $75.
23 (E) Minor traffic or ordinance violations, $20.
24 (F) When court appearance required, $30.
25 (G) Motions to vacate or amend final orders, a
26 minimum of $20 and a maximum of $40.

HB3064- 114 -LRB101 10107 LNS 55210 b
1 (H) Motions to vacate bond forfeiture orders, a
2 minimum of $20 and a maximum of $30.
3 (I) Motions to vacate ex parte judgments, whenever
4 filed, a minimum of $20 and a maximum of $30.
5 (J) Motions to vacate judgment on forfeitures,
6 whenever filed, a minimum of $20 and a maximum of $25.
7 (K) Motions to vacate "failure to appear" or
8 "failure to comply" notices sent to the Secretary of
9 State, a minimum of $20 and a maximum of $40.
10 (2) In counties having a population of more than
11 500,000 but fewer than 3,000,000 inhabitants, when the
12 violation complaint is issued by a municipal police
13 department, the clerk shall be entitled to costs from each
14 person convicted therein as follows:
15 (A) Minor traffic or ordinance violations, $10.
16 (B) When court appearance required, $15.
17 (3) In ordinance violation cases punishable by fine
18 only, the clerk of the circuit court shall be entitled to
19 receive, unless the fee is excused upon a finding by the
20 court that the defendant is indigent, in addition to other
21 fees or costs allowed or imposed by law, the sum of a
22 minimum of $50 and a maximum of $112.50 as a fee for the
23 services of a jury. The jury fee shall be paid by the
24 defendant at the time of filing his or her jury demand. If
25 the fee is not so paid by the defendant, no jury shall be
26 called, and the case shall be tried by the court without a

HB3064- 115 -LRB101 10107 LNS 55210 b
1 jury.
2(x) Transcripts of Judgment.
3 For the filing of a transcript of judgment, the clerk
4 shall be entitled to the same fee as if it were the
5 commencement of new suit.
6(y) Change of Venue.
7 (1) For the filing of a change of case on a change of
8 venue, the clerk shall be entitled to the same fee as if it
9 were the commencement of a new suit.
10 (2) The fee for the preparation and certification of a
11 record on a change of venue to another jurisdiction, when
12 original documents are forwarded, a minimum of $25 and a
13 maximum of $40.
14(z) Tax objection complaints.
15 For each tax objection complaint containing one or more
16 tax objections, regardless of the number of parcels
17 involved or the number of taxpayers joining in the
18 complaint, a minimum of $25 and a maximum of $50.
19(aa) Tax Deeds.
20 (1) Petition for tax deed, if only one parcel is
21 involved, a minimum of $150 and a maximum of $250.
22 (2) For each additional parcel, add a fee of a minimum
23 of $50 and a maximum of $100.
24(bb) Collections.
25 (1) For all collections made of others, except the
26 State and county and except in maintenance or child support

HB3064- 116 -LRB101 10107 LNS 55210 b
1 cases, a sum equal to a minimum of 2.5% and a maximum of
2 3.0% of the amount collected and turned over.
3 (2) Interest earned on any funds held by the clerk
4 shall be turned over to the county general fund as an
5 earning of the office.
6 (3) For any check, draft, or other bank instrument
7 returned to the clerk for non-sufficient funds, account
8 closed, or payment stopped, $25.
9 (4) In child support and maintenance cases, the clerk,
10 if authorized by an ordinance of the county board, may
11 collect an annual fee of up to $36 from the person making
12 payment for maintaining child support records and the
13 processing of support orders to the State of Illinois KIDS
14 system and the recording of payments issued by the State
15 Disbursement Unit for the official record of the Court.
16 This fee shall be in addition to and separate from amounts
17 ordered to be paid as maintenance or child support and
18 shall be deposited into a Separate Maintenance and Child
19 Support Collection Fund, of which the clerk shall be the
20 custodian, ex-officio, to be used by the clerk to maintain
21 child support orders and record all payments issued by the
22 State Disbursement Unit for the official record of the
23 Court. The clerk may recover from the person making the
24 maintenance or child support payment any additional cost
25 incurred in the collection of this annual fee.
26 The clerk shall also be entitled to a fee of $5 for

HB3064- 117 -LRB101 10107 LNS 55210 b
1 certifications made to the Secretary of State as provided
2 in Section 7-703 of the Family Financial Responsibility Law
3 and these fees shall also be deposited into the Separate
4 Maintenance and Child Support Collection Fund.
5(cc) Corrections of Numbers.
6 For correction of the case number, case title, or
7 attorney computer identification number, if required by
8 rule of court, on any document filed in the clerk's office,
9 to be charged against the party that filed the document, a
10 minimum of $15 and a maximum of $25.
11(dd) Exceptions.
12 The fee requirements of this Section shall not apply to
13 police departments or other law enforcement agencies. In
14 this Section, "law enforcement agency" means an agency of
15 the State or a unit of local government which is vested by
16 law or ordinance with the duty to maintain public order and
17 to enforce criminal laws or ordinances. "Law enforcement
18 agency" also means the Attorney General or any state's
19 attorney. The fee requirements of this Section shall not
20 apply to any action instituted under subsection (b) of
21 Section 11-31-1 of the Illinois Municipal Code by a private
22 owner or tenant of real property within 1200 feet of a
23 dangerous or unsafe building seeking an order compelling
24 the owner or owners of the building to take any of the
25 actions authorized under that subsection.
26 The fee requirements of this Section shall not apply to

HB3064- 118 -LRB101 10107 LNS 55210 b
1 the filing of any commitment petition or petition for an
2 order authorizing the administration of psychotropic
3 medication or electroconvulsive therapy under the Mental
4 Health and Developmental Disabilities Code.
5(ee) Adoptions.
6 (1) For an adoption...............................$65
7 (2) Upon good cause shown, the court may waive the
8 adoption filing fee in a special needs adoption. The term
9 "special needs adoption" shall have the meaning ascribed to
10 it by the Illinois Department of Children and Family
11 Services.
12(ff) Adoption exemptions.
13 No fee other than that set forth in subsection (ee)
14 shall be charged to any person in connection with an
15 adoption proceeding nor may any fee be charged for
16 proceedings for the appointment of a confidential
17 intermediary under the Adoption Act.
18(gg) Unpaid fees.
19 Unless a court ordered payment schedule is implemented
20 or the fee requirements of this Section are waived pursuant
21 to court order, the clerk of the court may add to any
22 unpaid fees and costs under this Section a delinquency
23 amount equal to 5% of the unpaid fees that remain unpaid
24 after 30 days, 10% of the unpaid fees that remain unpaid
25 after 60 days, and 15% of the unpaid fees that remain
26 unpaid after 90 days. Notice to those parties may be made

HB3064- 119 -LRB101 10107 LNS 55210 b
1 by signage posting or publication. The additional
2 delinquency amounts collected under this Section shall be
3 used to defray additional administrative costs incurred by
4 the clerk of the circuit court in collecting unpaid fees
5 and costs.
6(Source: P.A. 99-859, eff. 8-19-16; 100-173, eff. 1-1-18.)
7 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
8 Sec. 27.2a. The fees of the clerks of the circuit court in
9all counties having a population of 3,000,000 or more
10inhabitants in the instances described in this Section shall be
11as provided in this Section. In those instances where a minimum
12and maximum fee is stated, the clerk of the circuit court must
13charge the minimum fee listed and may charge up to the maximum
14fee if the county board has by resolution increased the fee.
15The fees shall be paid in advance and shall be as follows:
16(a) Civil Cases.
17 With the following exceptions, the fee for filing a
18 complaint, petition, or other pleading initiating a civil
19 action shall be a minimum of $190 and shall be a maximum of
20 $240 through December 31, 2021 and a maximum of $234 on and
21 after January 1, 2022.
22 (A) When the amount of money or damages or the
23 value of personal property claimed does not exceed
24 $250, a minimum of $15 and a maximum of $22.
25 (B) When that amount exceeds $250 but does not

HB3064- 120 -LRB101 10107 LNS 55210 b
1 exceed $1000, a minimum of $40 and a maximum of $75.
2 (C) When that amount exceeds $1000 but does not
3 exceed $2500, a minimum of $50 and a maximum of $80.
4 (D) When that amount exceeds $2500 but does not
5 exceed $5000, a minimum of $100 and a maximum of $130.
6 (E) When that amount exceeds $5000 but does not
7 exceed $15,000, $150.
8 (F) For the exercise of eminent domain, $150. For
9 each additional lot or tract of land or right or
10 interest therein subject to be condemned, the damages
11 in respect to which shall require separate assessment
12 by a jury, $150.
13 (G) For the final determination of parking,
14 standing, and compliance violations and final
15 administrative decisions issued after hearings
16 regarding vehicle immobilization and impoundment made
17 pursuant to Sections 3-704.1, 6-306.5, and 11-208.3 of
18 the Illinois Vehicle Code, $25.
19 (H) No fees shall be charged by the clerk to a
20 petitioner in any order of protection including, but
21 not limited to, filing, modifying, withdrawing,
22 certifying, or photocopying petitions for orders of
23 protection, or for issuing alias summons, or for any
24 related filing service, certifying, modifying,
25 vacating, or photocopying any orders of protection.
26(b) Eviction.

HB3064- 121 -LRB101 10107 LNS 55210 b
1 In each eviction case when the plaintiff seeks eviction
2 only or unites with his or her claim for eviction a claim
3 for rent or damages or both in the amount of $15,000 or
4 less, a minimum of $75 and a maximum of $140. When the
5 plaintiff unites his or her claim for eviction with a claim
6 for rent or damages or both exceeding $15,000, a minimum of
7 $225 and a maximum of $335.
8(c) Counterclaim or Joining Third Party Defendant.
9 When any defendant files a counterclaim as part of his
10 or her answer or otherwise or joins another party as a
11 third party defendant, or both, the defendant shall pay a
12 fee for each counterclaim or third party action in an
13 amount equal to the fee he or she would have had to pay had
14 he or she brought a separate action for the relief sought
15 in the counterclaim or against the third party defendant,
16 less the amount of the appearance fee, if that has been
17 paid.
18(d) Confession of Judgment.
19 In a confession of judgment when the amount does not
20 exceed $1500, a minimum of $60 and a maximum of $70. When
21 the amount exceeds $1500, but does not exceed $5000, a
22 minimum of $75 and a maximum of $150. When the amount
23 exceeds $5000, but does not exceed $15,000, a minimum of
24 $175 and a maximum of $260. When the amount exceeds
25 $15,000, a minimum of $250 and a maximum of $310.
26(e) Appearance.

HB3064- 122 -LRB101 10107 LNS 55210 b
1 The fee for filing an appearance in each civil case
2 shall be a minimum of $75 and a maximum of $110, except as
3 follows:
4 (A) When the plaintiff in an eviction case seeks
5 possession only, a minimum of $40 and a maximum of $80.
6 (B) When the amount in the case does not exceed
7 $1500, a minimum of $40 and a maximum of $80.
8 (C) When that amount exceeds $1500 but does not
9 exceed $15,000, a minimum of $60 and a maximum of $90.
10(f) Garnishment, Wage Deduction, and Citation.
11 In garnishment affidavit, wage deduction affidavit,
12 and citation petition when the amount does not exceed
13 $1,000, a minimum of $15 and a maximum of $25; when the
14 amount exceeds $1,000 but does not exceed $5,000, a minimum
15 of $30 and a maximum of $45; and when the amount exceeds
16 $5,000, a minimum of $50 and a maximum of $80.
17(g) Petition to Vacate or Modify.
18 (1) Petition to vacate or modify any final judgment or
19 order of court, except in eviction cases and small claims
20 cases or a petition to reopen an estate, to modify,
21 terminate, or enforce a judgment or order for child or
22 spousal support, or to modify, suspend, or terminate an
23 order for withholding, if filed before 30 days after the
24 entry of the judgment or order, a minimum of $50 and a
25 maximum of $60.
26 (2) Petition to vacate or modify any final judgment or

HB3064- 123 -LRB101 10107 LNS 55210 b
1 order of court, except a petition to modify, terminate, or
2 enforce a judgment or order for child or spousal support or
3 to modify, suspend, or terminate an order for withholding,
4 if filed later than 30 days after the entry of the judgment
5 or order, a minimum of $75 and a maximum of $90.
6 (3) Petition to vacate order of bond forfeiture, a
7 minimum of $40 and a maximum of $80.
8(h) Mailing.
9 When the clerk is required to mail, the fee will be a
10 minimum of $10 and a maximum of $15, plus the cost of
11 postage.
12(i) Certified Copies.
13 Each certified copy of a judgment after the first,
14 except in small claims and eviction cases, a minimum of $15
15 and a maximum of $20.
16(j) Habeas Corpus.
17 For filing a petition for relief by habeas corpus, a
18 minimum of $125 and a maximum of $190.
19(k) Certification, Authentication, and Reproduction.
20 (1) Each certification or authentication for taking
21 the acknowledgment of a deed or other instrument in writing
22 with the seal of office, a minimum of $6 and a maximum of
23 $9.
24 (2) Court appeals when original documents are
25 forwarded, under 100 pages, plus delivery and costs, a
26 minimum of $75 and a maximum of $110.

HB3064- 124 -LRB101 10107 LNS 55210 b
1 (3) Court appeals when original documents are
2 forwarded, over 100 pages, plus delivery and costs, a
3 minimum of $150 and a maximum of $185.
4 (4) Court appeals when original documents are
5 forwarded, over 200 pages, an additional fee of a minimum
6 of 25 and a maximum of 30 cents per page.
7 (5) For reproduction of any document contained in the
8 clerk's files:
9 (A) First page, $2.
10 (B) Next 19 pages, 50 cents per page.
11 (C) All remaining pages, 25 cents per page.
12(l) Remands.
13 In any cases remanded to the Circuit Court from the
14 Supreme Court or the Appellate Court for a new trial, the
15 clerk shall file the remanding order and reinstate the case
16 with either its original number or a new number. The Clerk
17 shall not charge any new or additional fee for the
18 reinstatement. Upon reinstatement the Clerk shall advise
19 the parties of the reinstatement. A party shall have the
20 same right to a jury trial on remand and reinstatement as
21 he or she had before the appeal, and no additional or new
22 fee or charge shall be made for a jury trial after remand.
23(m) Record Search.
24 For each record search, within a division or municipal
25 district, the clerk shall be entitled to a search fee of a
26 minimum of $6 and a maximum of $9 for each year searched.

HB3064- 125 -LRB101 10107 LNS 55210 b
1(n) Hard Copy.
2 For each page of hard copy print output, when case
3 records are maintained on an automated medium, the clerk
4 shall be entitled to a fee of a minimum of $6 and a maximum
5 of $9.
6(o) Index Inquiry and Other Records.
7 No fee shall be charged for a single
8 plaintiff/defendant index inquiry or single case record
9 inquiry when this request is made in person and the records
10 are maintained in a current automated medium, and when no
11 hard copy print output is requested. The fees to be charged
12 for management records, multiple case records, and
13 multiple journal records may be specified by the Chief
14 Judge pursuant to the guidelines for access and
15 dissemination of information approved by the Supreme
16 Court.
17(p) (Blank).
18(q) Alias Summons.
19 For each alias summons or citation issued by the clerk,
20 a minimum of $5 and a maximum of $6.
21(r) Other Fees.
22 Any fees not covered in this Section shall be set by
23 rule or administrative order of the Circuit Court with the
24 approval of the Administrative Office of the Illinois
25 Courts.
26 The clerk of the circuit court may provide additional

HB3064- 126 -LRB101 10107 LNS 55210 b
1 services for which there is no fee specified by statute in
2 connection with the operation of the clerk's office as may
3 be requested by the public and agreed to by the clerk and
4 approved by the chief judge of the circuit court. Any
5 charges for additional services shall be as agreed to
6 between the clerk and the party making the request and
7 approved by the chief judge of the circuit court. Nothing
8 in this subsection shall be construed to require any clerk
9 to provide any service not otherwise required by law.
10(s) Jury Services.
11 The clerk shall be entitled to receive, in addition to
12 other fees allowed by law, the sum of a minimum of $212.50
13 and maximum of $230, as a fee for the services of a jury in
14 every civil action not quasi-criminal in its nature and not
15 a proceeding for the exercise of the right of eminent
16 domain and in every other action wherein the right of trial
17 by jury is or may be given by law. The jury fee shall be
18 paid by the party demanding a jury at the time of filing
19 the jury demand. If the fee is not paid by either party, no
20 jury shall be called in the action or proceeding, and the
21 same shall be tried by the court without a jury.
22(t) Voluntary Assignment.
23 For filing each deed of voluntary assignment, a minimum
24 of $20 and a maximum of $40; for recording the same, a
25 minimum of 50 and a maximum of $0.80 for each 100 words.
26 Exceptions filed to claims presented to an assignee of a

HB3064- 127 -LRB101 10107 LNS 55210 b
1 debtor who has made a voluntary assignment for the benefit
2 of creditors shall be considered and treated, for the
3 purpose of taxing costs therein, as actions in which the
4 party or parties filing the exceptions shall be considered
5 as party or parties plaintiff, and the claimant or
6 claimants as party or parties defendant, and those parties
7 respectively shall pay to the clerk the same fees as
8 provided by this Section to be paid in other actions.
9(u) Expungement Petition.
10 The clerk shall be entitled to receive a fee of a
11 minimum of $60 and a maximum of $120 for each expungement
12 petition filed and an additional fee of a minimum of $4 and
13 a maximum of $8 for each certified copy of an order to
14 expunge arrest records.
15(v) Probate.
16 The clerk is entitled to receive the fees specified in
17 this subsection (v), which shall be paid in advance, except
18 that, for good cause shown, the court may suspend, reduce,
19 or release the costs payable under this subsection:
20 (1) For administration of the estate of a decedent
21 (whether testate or intestate) or of a missing person, a
22 minimum of $150 and a maximum of $225, plus the fees
23 specified in subsection (v)(3), except:
24 (A) When the value of the real and personal
25 property does not exceed $15,000, the fee shall be a
26 minimum of $40 and a maximum of $65.

HB3064- 128 -LRB101 10107 LNS 55210 b
1 (B) When (i) proof of heirship alone is made, (ii)
2 a domestic or foreign will is admitted to probate
3 without administration (including proof of heirship),
4 or (iii) letters of office are issued for a particular
5 purpose without administration of the estate, the fee
6 shall be a minimum of $40 and a maximum of $65.
7 (2) For administration of the estate of a ward, a
8 minimum of $75 and a maximum of $110, plus the fees
9 specified in subsection (v)(3), except:
10 (A) When the value of the real and personal
11 property does not exceed $15,000, the fee shall be a
12 minimum of $40 and a maximum of $65.
13 (B) When (i) letters of office are issued to a
14 guardian of the person or persons, but not of the
15 estate or (ii) letters of office are issued in the
16 estate of a ward without administration of the estate,
17 including filing or joining in the filing of a tax
18 return or releasing a mortgage or consenting to the
19 marriage of the ward, the fee shall be a minimum of $20
20 and a maximum of $40.
21 (3) In addition to the fees payable under subsection
22 (v)(1) or (v)(2) of this Section, the following fees are
23 payable:
24 (A) For each account (other than one final account)
25 filed in the estate of a decedent, or ward, a minimum
26 of $25 and a maximum of $40.

HB3064- 129 -LRB101 10107 LNS 55210 b
1 (B) For filing a claim in an estate when the amount
2 claimed is $150 or more but less than $500, a minimum
3 of $20 and a maximum of $40; when the amount claimed is
4 $500 or more but less than $10,000, a minimum of $40
5 and a maximum of $65; when the amount claimed is
6 $10,000 or more, a minimum of $60 and a maximum of $90;
7 provided that the court in allowing a claim may add to
8 the amount allowed the filing fee paid by the claimant.
9 (C) For filing in an estate a claim, petition, or
10 supplemental proceeding based upon an action seeking
11 equitable relief including the construction or contest
12 of a will, enforcement of a contract to make a will,
13 and proceedings involving testamentary trusts or the
14 appointment of testamentary trustees, a minimum of $60
15 and a maximum of $90.
16 (D) For filing in an estate (i) the appearance of
17 any person for the purpose of consent or (ii) the
18 appearance of an executor, administrator,
19 administrator to collect, guardian, guardian ad litem,
20 or special administrator, no fee.
21 (E) Except as provided in subsection (v)(3)(D),
22 for filing the appearance of any person or persons, a
23 minimum of $30 and a maximum of $90.
24 (F) For each jury demand, a minimum of $137.50 and
25 a maximum of $180.
26 (G) For disposition of the collection of a judgment

HB3064- 130 -LRB101 10107 LNS 55210 b
1 or settlement of an action or claim for wrongful death
2 of a decedent or of any cause of action of a ward, when
3 there is no other administration of the estate, a
4 minimum of $50 and a maximum of $80, less any amount
5 paid under subsection (v)(1)(B) or (v)(2)(B) except
6 that if the amount involved does not exceed $5,000, the
7 fee, including any amount paid under subsection
8 (v)(1)(B) or (v)(2)(B), shall be a minimum of $20 and a
9 maximum of $40.
10 (H) For each certified copy of letters of office,
11 of court order or other certification, a minimum of $2
12 and a maximum of $4, plus $1 per page in excess of 3
13 pages for the document certified.
14 (I) For each exemplification, $2, plus the fee for
15 certification.
16 (4) The executor, administrator, guardian, petitioner,
17 or other interested person or his or her attorney shall pay
18 the cost of publication by the clerk directly to the
19 newspaper.
20 (5) The person on whose behalf a charge is incurred for
21 witness, court reporter, appraiser, or other miscellaneous
22 fee shall pay the same directly to the person entitled
23 thereto.
24 (6) The executor, administrator, guardian, petitioner,
25 or other interested person or his or her attorney shall pay
26 to the clerk all postage charges incurred by the clerk in

HB3064- 131 -LRB101 10107 LNS 55210 b
1 mailing petitions, orders, notices, or other documents
2 pursuant to the provisions of the Probate Act of 1975.
3(w) Criminal and Quasi-Criminal Costs and Fees.
4 (1) The clerk shall be entitled to costs in all
5 criminal and quasi-criminal cases from each person
6 convicted or sentenced to supervision therein as follows:
7 (A) Felony complaints, a minimum of $125 and a
8 maximum of $190.
9 (B) Misdemeanor complaints, a minimum of $75 and a
10 maximum of $110.
11 (C) Business offense complaints, a minimum of $75
12 and a maximum of $110.
13 (D) Petty offense complaints, a minimum of $75 and
14 a maximum of $110.
15 (E) Minor traffic or ordinance violations, $30.
16 (F) When court appearance required, $50.
17 (G) Motions to vacate or amend final orders, a
18 minimum of $40 and a maximum of $80.
19 (H) Motions to vacate bond forfeiture orders, a
20 minimum of $30 and a maximum of $45.
21 (I) Motions to vacate ex parte judgments, whenever
22 filed, a minimum of $30 and a maximum of $45.
23 (J) Motions to vacate judgment on forfeitures,
24 whenever filed, a minimum of $25 and a maximum of $30.
25 (K) Motions to vacate "failure to appear" or
26 "failure to comply" notices sent to the Secretary of

HB3064- 132 -LRB101 10107 LNS 55210 b
1 State, a minimum of $40 and a maximum of $50.
2 (2) In counties having a population of 3,000,000 or
3 more, when the violation complaint is issued by a municipal
4 police department, the clerk shall be entitled to costs
5 from each person convicted therein as follows:
6 (A) Minor traffic or ordinance violations, $30.
7 (B) When court appearance required, $50.
8 (3) In ordinance violation cases punishable by fine
9 only, the clerk of the circuit court shall be entitled to
10 receive, unless the fee is excused upon a finding by the
11 court that the defendant is indigent, in addition to other
12 fees or costs allowed or imposed by law, the sum of a
13 minimum of $112.50 and a maximum of $250 as a fee for the
14 services of a jury. The jury fee shall be paid by the
15 defendant at the time of filing his or her jury demand. If
16 the fee is not so paid by the defendant, no jury shall be
17 called, and the case shall be tried by the court without a
18 jury.
19(x) Transcripts of Judgment.
20 For the filing of a transcript of judgment, the clerk
21 shall be entitled to the same fee as if it were the
22 commencement of a new suit.
23(y) Change of Venue.
24 (1) For the filing of a change of case on a change of
25 venue, the clerk shall be entitled to the same fee as if it
26 were the commencement of a new suit.

HB3064- 133 -LRB101 10107 LNS 55210 b
1 (2) The fee for the preparation and certification of a
2 record on a change of venue to another jurisdiction, when
3 original documents are forwarded, a minimum of $40 and a
4 maximum of $65.
5(z) Tax objection complaints.
6 For each tax objection complaint containing one or more
7 tax objections, regardless of the number of parcels
8 involved or the number of taxpayers joining in the
9 complaint, a minimum of $50 and a maximum of $100.
10(aa) Tax Deeds.
11 (1) Petition for tax deed, if only one parcel is
12 involved, a minimum of $250 and a maximum of $400.
13 (2) For each additional parcel, add a fee of a minimum
14 of $100 and a maximum of $200.
15(bb) Collections.
16 (1) For all collections made of others, except the
17 State and county and except in maintenance or child support
18 cases, a sum equal to 3.0% of the amount collected and
19 turned over.
20 (2) Interest earned on any funds held by the clerk
21 shall be turned over to the county general fund as an
22 earning of the office.
23 (3) For any check, draft, or other bank instrument
24 returned to the clerk for non-sufficient funds, account
25 closed, or payment stopped, $25.
26 (4) In child support and maintenance cases, the clerk,

HB3064- 134 -LRB101 10107 LNS 55210 b
1 if authorized by an ordinance of the county board, may
2 collect an annual fee of up to $36 from the person making
3 payment for maintaining child support records and the
4 processing of support orders to the State of Illinois KIDS
5 system and the recording of payments issued by the State
6 Disbursement Unit for the official record of the Court.
7 This fee shall be in addition to and separate from amounts
8 ordered to be paid as maintenance or child support and
9 shall be deposited into a Separate Maintenance and Child
10 Support Collection Fund, of which the clerk shall be the
11 custodian, ex-officio, to be used by the clerk to maintain
12 child support orders and record all payments issued by the
13 State Disbursement Unit for the official record of the
14 Court. The clerk may recover from the person making the
15 maintenance or child support payment any additional cost
16 incurred in the collection of this annual fee.
17 The clerk shall also be entitled to a fee of $5 for
18 certifications made to the Secretary of State as provided
19 in Section 7-703 of the Family Financial Responsibility Law
20 and these fees shall also be deposited into the Separate
21 Maintenance and Child Support Collection Fund.
22(cc) Corrections of Numbers.
23 For correction of the case number, case title, or
24 attorney computer identification number, if required by
25 rule of court, on any document filed in the clerk's office,
26 to be charged against the party that filed the document, a

HB3064- 135 -LRB101 10107 LNS 55210 b
1 minimum of $25 and a maximum of $40.
2(dd) Exceptions.
3 (1) The fee requirements of this Section shall not
4 apply to police departments or other law enforcement
5 agencies. In this Section, "law enforcement agency" means
6 an agency of the State or a unit of local government which
7 is vested by law or ordinance with the duty to maintain
8 public order and to enforce criminal laws or ordinances.
9 "Law enforcement agency" also means the Attorney General or
10 any state's attorney.
11 (2) No fee provided herein shall be charged to any unit
12 of local government or school district. The fee
13 requirements of this Section shall not apply to any action
14 instituted under subsection (b) of Section 11-31-1 of the
15 Illinois Municipal Code by a private owner or tenant of
16 real property within 1200 feet of a dangerous or unsafe
17 building seeking an order compelling the owner or owners of
18 the building to take any of the actions authorized under
19 that subsection.
20 (3) The fee requirements of this Section shall not
21 apply to the filing of any commitment petition or petition
22 for an order authorizing the administration of
23 psychotropic medication or electroconvulsive therapy under
24 the Mental Health and Developmental Disabilities Code.
25(ee) Adoption.
26 (1) For an adoption...............................$65

HB3064- 136 -LRB101 10107 LNS 55210 b
1 (2) Upon good cause shown, the court may waive the
2 adoption filing fee in a special needs adoption. The term
3 "special needs adoption" shall have the meaning ascribed to
4 it by the Illinois Department of Children and Family
5 Services.
6(ff) Adoption exemptions.
7 No fee other than that set forth in subsection (ee)
8 shall be charged to any person in connection with an
9 adoption proceeding nor may any fee be charged for
10 proceedings for the appointment of a confidential
11 intermediary under the Adoption Act.
12(gg) Unpaid fees.
13 Unless a court ordered payment schedule is implemented
14 or the fee requirements of this Section are waived pursuant
15 to court order, the clerk of the court may add to any
16 unpaid fees and costs under this Section a delinquency
17 amount equal to 5% of the unpaid fees that remain unpaid
18 after 30 days, 10% of the unpaid fees that remain unpaid
19 after 60 days, and 15% of the unpaid fees that remain
20 unpaid after 90 days. Notice to those parties may be made
21 by signage posting or publication. The additional
22 delinquency amounts collected under this Section shall be
23 used to defray additional administrative costs incurred by
24 the clerk of the circuit court in collecting unpaid fees
25 and costs.
26(Source: P.A. 99-859, eff. 8-19-16; 100-173, eff. 1-1-18.)

HB3064- 137 -LRB101 10107 LNS 55210 b
1 (705 ILCS 105/27.3a)
2 Sec. 27.3a. Fees for automated record keeping, probation
3and court services operations, State and Conservation Police
4operations, and e-business programs.
5 1. The expense of establishing and maintaining automated
6record keeping systems in the offices of the clerks of the
7circuit court shall be borne by the county. To defray such
8expense in any county having established such an automated
9system or which elects to establish such a system, the county
10board may require the clerk of the circuit court in their
11county to charge and collect a court automation fee of not less
12than $1 nor more than $25 to be charged and collected by the
13clerk of the court. Such fee shall be paid at the time of
14filing the first pleading, paper or other appearance filed by
15each party in all civil cases or by the defendant in any
16felony, traffic, misdemeanor, municipal ordinance, or
17conservation case upon a judgment of guilty or grant of
18supervision, provided that the record keeping system which
19processes the case category for which the fee is charged is
20automated or has been approved for automation by the county
21board, and provided further that no additional fee shall be
22required if more than one party is presented in a single
23pleading, paper or other appearance. Such fee shall be
24collected in the manner in which all other fees or costs are
25collected.

HB3064- 138 -LRB101 10107 LNS 55210 b
1 1.1. Starting on July 6, 2012 (the effective date of Public
2Act 97-761) and pursuant to an administrative order from the
3chief judge of the circuit or the presiding judge of the county
4authorizing such collection, a clerk of the circuit court in
5any county that imposes a fee pursuant to subsection 1 of this
6Section shall also charge and collect an additional $10
7operations fee for probation and court services department
8operations.
9 This additional fee shall be paid by the defendant in any
10felony, traffic, misdemeanor, local ordinance, or conservation
11case upon a judgment of guilty or grant of supervision, except
12such $10 operations fee shall not be charged and collected in
13cases governed by Supreme Court Rule 529 in which the bail
14amount is $120 or less.
15 1.2. With respect to the fee imposed and collected under
16subsection 1.1 of this Section, each clerk shall transfer all
17fees monthly to the county treasurer for deposit into the
18probation and court services fund created under Section 15.1 of
19the Probation and Probation Officers Act, and such monies shall
20be disbursed from the fund only at the direction of the chief
21judge of the circuit or another judge designated by the Chief
22Circuit Judge in accordance with the policies and guidelines
23approved by the Supreme Court.
24 1.5. Starting on June 1, 2014, a clerk of the circuit court
25in any county that imposes a fee pursuant to subsection 1 of
26this Section, shall charge and collect an additional fee in an

HB3064- 139 -LRB101 10107 LNS 55210 b
1amount equal to the amount of the fee imposed pursuant to
2subsection 1 of this Section, except the fee imposed under this
3subsection may not be more than $15. This additional fee shall
4be paid by the defendant in any felony, traffic, misdemeanor,
5or local ordinance case upon a judgment of guilty or grant of
6supervision. This fee shall not be paid by the defendant for
7any violation listed in subsection 1.6 of this Section.
8 1.6. Starting on June 1, 2014, a clerk of the circuit court
9in any county that imposes a fee pursuant to subsection 1 of
10this Section shall charge and collect an additional fee in an
11amount equal to the amount of the fee imposed pursuant to
12subsection 1 of this Section, except the fee imposed under this
13subsection may not be more than $15. This additional fee shall
14be paid by the defendant upon a judgment of guilty or grant of
15supervision for a violation under the State Parks Act, the
16Recreational Trails of Illinois Act, the Illinois Explosives
17Act, the Timber Buyers Licensing Act, the Forest Products
18Transportation Act, the Firearm Owners Identification Card
19Act, the Environmental Protection Act, the Fish and Aquatic
20Life Code, the Wildlife Code, the Cave Protection Act, the
21Illinois Exotic Weed Act, the Illinois Forestry Development
22Act, the Ginseng Harvesting Act, the Illinois Lake Management
23Program Act, the Illinois Natural Areas Preservation Act, the
24Illinois Open Land Trust Act, the Open Space Lands Acquisition
25and Development Act, the Illinois Prescribed Burning Act, the
26State Forest Act, the Water Use Act of 1983, the Illinois

HB3064- 140 -LRB101 10107 LNS 55210 b
1Veteran, Youth, and Young Adult Conservation Jobs Act, the
2Snowmobile Registration and Safety Act, the Boat Registration
3and Safety Act, the Illinois Dangerous Animals Act, the Hunter
4and Fishermen Interference Prohibition Act, the Wrongful Tree
5Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427,
611-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of
7the Illinois Vehicle Code, or Section 48-3 or 48-10 of the
8Criminal Code of 2012.
9 1.7. Starting on the 30th day after the effective date of
10this amendatory Act of the 99th General Assembly, a clerk of
11the circuit court in any county that imposes a fee pursuant to
12subsection 1 of this Section shall also charge and collect an
13additional $9 e-business fee. The fee shall be paid at the time
14of filing the first pleading, paper, or other appearance filed
15by each party in all civil cases, except no additional fee
16shall be required if more than one party is presented in a
17single pleading, paper, or other appearance. The fee shall be
18collected in the manner in which all other fees or costs are
19collected. The fee shall be in addition to all other fees and
20charges of the clerk, and assessable as costs, and may be
21waived only if the judge specifically provides for the waiver
22of the e-business fee. The fee shall not be charged in any
23matter coming to the clerk on a change of venue, nor in any
24proceeding to review the decision of any administrative
25officer, agency, or body.
26 2. With respect to the fee imposed under subsection 1 of

HB3064- 141 -LRB101 10107 LNS 55210 b
1this Section, each clerk shall commence such charges and
2collections upon receipt of written notice from the chairman of
3the county board together with a certified copy of the board's
4resolution, which the clerk shall file of record in his office.
5 3. With respect to the fee imposed under subsection 1 of
6this Section, such fees shall be in addition to all other fees
7and charges of such clerks, and assessable as costs, and may be
8waived only if the judge specifically provides for the waiver
9of the court automation fee. The fees shall be remitted monthly
10by such clerk to the county treasurer, to be retained by him in
11a special fund designated as the court automation fund. The
12fund shall be audited by the county auditor, and the board
13shall make expenditure from the fund in payment of any cost
14related to the automation of court records, including hardware,
15software, research and development costs and personnel related
16thereto, provided that the expenditure is approved by the clerk
17of the court and by the chief judge of the circuit court or his
18designate.
19 4. With respect to the fee imposed under subsection 1 of
20this Section, such fees shall not be charged in any matter
21coming to any such clerk on change of venue, nor in any
22proceeding to review the decision of any administrative
23officer, agency or body.
24 5. With respect to the additional fee imposed under
25subsection 1.5 of this Section, the fee shall be remitted by
26the circuit clerk to the State Treasurer within one month after

HB3064- 142 -LRB101 10107 LNS 55210 b
1receipt for deposit into the State Police Operations Assistance
2Fund.
3 6. With respect to the additional fees imposed under
4subsection 1.5 of this Section, the Director of State Police
5may direct the use of these fees for homeland security purposes
6by transferring these fees on a quarterly basis from the State
7Police Operations Assistance Fund into the Illinois Law
8Enforcement Alarm Systems (ILEAS) Fund for homeland security
9initiatives programs. The transferred fees shall be allocated,
10subject to the approval of the ILEAS Executive Board, as
11follows: (i) 66.6% shall be used for homeland security
12initiatives and (ii) 33.3% shall be used for airborne
13operations. The ILEAS Executive Board shall annually supply the
14Director of State Police with a report of the use of these
15fees.
16 7. With respect to the additional fee imposed under
17subsection 1.6 of this Section, the fee shall be remitted by
18the circuit clerk to the State Treasurer within one month after
19receipt for deposit into the Conservation Police Operations
20Assistance Fund.
21 8. With respect to the fee imposed under subsection 1.7 of
22this Section, the clerk shall remit the fee to the State
23Treasurer within one month after receipt for deposit into the
24Supreme Court Special Purposes Fund. Unless otherwise
25authorized by this Act, the moneys deposited into the Supreme
26Court Special Purposes Fund under this subsection are not

HB3064- 143 -LRB101 10107 LNS 55210 b
1subject to administrative charges or chargebacks under Section
220 of the State Treasurer Act.
3(Source: P.A. 98-375, eff. 8-16-13; 98-606, eff. 6-1-14;
498-1016, eff. 8-22-14; 99-859, eff. 8-19-16.)
5 (705 ILCS 105/27.3c) (from Ch. 25, par. 27.3c)
6 Sec. 27.3c. Document storage system.
7 (a) The expense of establishing and maintaining a document
8storage system in the offices of the circuit court clerks in
9the several counties of this State shall be borne by the
10county. To defray the expense in any county that elects to
11establish a document storage system and convert the records of
12the circuit court clerk to electronic or micrographic storage,
13the county board may require the clerk of the circuit court in
14its county to collect a court document fee of not less than $1
15nor more than $25, to be charged and collected by the clerk of
16the court. The fee shall be paid at the time of filing the
17first pleading, paper, or other appearance filed by each party
18in all civil cases or by the defendant in any felony,
19misdemeanor, traffic, ordinance, or conservation matter on a
20judgment of guilty or grant of supervision, provided that the
21document storage system is in place or has been authorized by
22the county board and further that no additional fee shall be
23required if more than one party is presented in a single
24pleading, paper, or other appearance. The fee shall be
25collected in the manner in which all other fees or costs are

HB3064- 144 -LRB101 10107 LNS 55210 b
1collected.
2 (b) Each clerk shall commence charges and collections of a
3court document fee upon receipt of written notice from the
4chairman of the county board together with a certified copy of
5the board's resolution, which the clerk shall file of record in
6his or her office.
7 (c) Court document fees shall be in addition to other fees
8and charges of the clerk, shall be assessable as costs, and may
9be waived only if the judge specifically provides for the
10waiver of the court document storage fee. The fees shall be
11remitted monthly by the clerk to the county treasurer, to be
12retained by the treasurer in a special fund designated as the
13Court Document Storage Fund. The fund shall be audited by the
14county auditor, and the board shall make expenditures from the
15fund in payment of any costs relative to the storage of court
16records, including hardware, software, research and
17development costs, and related personnel, provided that the
18expenditure is approved by the clerk of the circuit court.
19 (d) A court document fee shall not be charged in any matter
20coming to the clerk on change of venue or in any proceeding to
21review the decision of any administrative officer, agency, or
22body.
23 (705 ILCS 105/27.3e)
24 Sec. 27.3e. Electronic citation fee. As used in this
25Section, "electronic citation" means the process of

HB3064- 145 -LRB101 10107 LNS 55210 b
1transmitting traffic, misdemeanor, municipal ordinance,
2conservation, or other citations and law enforcement data via
3electronic means to a circuit court clerk.
4 To defray the expense of establishing and maintaining
5electronic citations, each Circuit Court Clerk shall charge and
6collect an electronic citation fee of $5. Such fee shall be
7paid by the defendant in any traffic, misdemeanor, municipal
8ordinance, or conservation case upon a judgment of guilty or
9grant of supervision. This fee shall be in addition to all
10other fees and charges and assessable as costs and shall not be
11subject to disbursement under Section 27.5 or 27.6 of this Act.
1260% of the fee shall be deposited into the Circuit Court Clerk
13Electronic Citation Fund and 40% of the fee shall be disbursed
14to the arresting agency to defray expenses related to the
15establishment and maintenance of electronic citations. The
16Circuit Court Clerk shall be the custodian, ex officio, of the
17Circuit Court Clerk Electronic Citation Fund and shall use the
18Fund to perform the duties required by the office for
19establishing and maintaining electronic citations. The Fund
20shall be audited by the County's auditor. The Circuit Court
21Clerk shall not charge and collect an electronic citation fee
22if the County Board has by ordinance elected not to be subject
23to this Section. Any funds collected under this Section before
24such an ordinance takes effect shall be disbursed to the
25Illinois State Police for expenses related to the establishment
26and maintenance of electronic citations.

HB3064- 146 -LRB101 10107 LNS 55210 b
1 With respect to funds designated for, as well as citations
2issued by, the Department of State Police, the moneys shall be
3remitted by the circuit court clerk to the State Treasurer
4within one month after receipt for deposit into the LEADS
5Maintenance Fund.
6(Source: P.A. 96-1210, eff. 1-1-11; 97-402, eff. 8-16-11.)
7 (705 ILCS 105/27.3g)
8 (Section scheduled to be repealed on July 1, 2020)
9 Sec. 27.3g. Pilot program; Access to Justice Act.
10 (a) On and after September 1, 2015, all clerks of the
11circuit court shall charge and collect at the time of filing
12the first pleading, paper, or other appearance filed by each
13party in all civil cases, in addition to any other fees, a fee
14of $2, but no additional fee shall be required if more than one
15party is represented in a single pleading, paper, or other
16appearance. Fees received by the clerk of the circuit court
17under this Section shall be remitted by the clerk of the
18circuit court to the State Treasurer, within one month after
19receipt, for deposit into the Access to Justice Fund created
20under Section 15 of the Access to Justice Act.
21 (b) This Section is repealed on September 1, 2020.
22(Source: P.A. 98-351, eff. 8-15-13; 99-281, eff. 8-5-15.)
23 (705 ILCS 105/27.4) (from Ch. 25, par. 27.4)
24 Sec. 27.4. The population of all counties for the purpose

HB3064- 147 -LRB101 10107 LNS 55210 b
1of fixing fees and compensation under Sections 27.1 through
227.3 shall be based upon the results of the last Federal census
3immediately previous to the election of the Clerk of the
4Circuit Court in each county.
5(Source: P.A. 79-1445.)
6 (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
7 Sec. 27.5. (a) All fees, fines, costs, additional
8penalties, bail balances assessed or forfeited, and any other
9amount paid by a person to the circuit clerk that equals an
10amount less than $55, except restitution under Section 5-5-6 of
11the Unified Code of Corrections, reimbursement for the costs of
12an emergency response as provided under Section 11-501 of the
13Illinois Vehicle Code, any fees collected for attending a
14traffic safety program under paragraph (c) of Supreme Court
15Rule 529, any fee collected on behalf of a State's Attorney
16under Section 4-2002 of the Counties Code or a sheriff under
17Section 4-5001 of the Counties Code, or any cost imposed under
18Section 124A-5 of the Code of Criminal Procedure of 1963, for
19convictions, orders of supervision, or any other disposition
20for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois
21Vehicle Code, or a similar provision of a local ordinance, and
22any violation of the Child Passenger Protection Act, or a
23similar provision of a local ordinance, and except as otherwise
24provided in this Section, shall be disbursed within 60 days
25after receipt by the circuit clerk as follows: 47% shall be

HB3064- 148 -LRB101 10107 LNS 55210 b
1disbursed to the entity authorized by law to receive the fine
2imposed in the case; 12% shall be disbursed to the State
3Treasurer; and 41% shall be disbursed to the county's general
4corporate fund. Of the 12% disbursed to the State Treasurer,
51/6 shall be deposited by the State Treasurer into the Violent
6Crime Victims Assistance Fund, 1/2 shall be deposited into the
7Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall
8be deposited into the Drivers Education Fund. For fiscal years
91992 and 1993, amounts deposited into the Violent Crime Victims
10Assistance Fund, the Traffic and Criminal Conviction Surcharge
11Fund, or the Drivers Education Fund shall not exceed 110% of
12the amounts deposited into those funds in fiscal year 1991. Any
13amount that exceeds the 110% limit shall be distributed as
14follows: 50% shall be disbursed to the county's general
15corporate fund and 50% shall be disbursed to the entity
16authorized by law to receive the fine imposed in the case. Not
17later than March 1 of each year the circuit clerk shall submit
18a report of the amount of funds remitted to the State Treasurer
19under this Section during the preceding year based upon
20independent verification of fines and fees. All counties shall
21be subject to this Section, except that counties with a
22population under 2,000,000 may, by ordinance, elect not to be
23subject to this Section. For offenses subject to this Section,
24judges shall impose one total sum of money payable for
25violations. The circuit clerk may add on no additional amounts
26except for amounts that are required by Sections 27.3a and

HB3064- 149 -LRB101 10107 LNS 55210 b
127.3c of this Act, Section 16-104c of the Illinois Vehicle
2Code, and subsection (a) of Section 5-1101 of the Counties
3Code, unless those amounts are specifically waived by the
4judge. With respect to money collected by the circuit clerk as
5a result of forfeiture of bail, ex parte judgment or guilty
6plea pursuant to Supreme Court Rule 529, the circuit clerk
7shall first deduct and pay amounts required by Sections 27.3a
8and 27.3c of this Act. Unless a court ordered payment schedule
9is implemented or fee requirements are waived pursuant to a
10court order, the circuit clerk may add to any unpaid fees and
11costs a delinquency amount equal to 5% of the unpaid fees that
12remain unpaid after 30 days, 10% of the unpaid fees that remain
13unpaid after 60 days, and 15% of the unpaid fees that remain
14unpaid after 90 days. Notice to those parties may be made by
15signage posting or publication. The additional delinquency
16amounts collected under this Section shall be deposited in the
17Circuit Court Clerk Operation and Administrative Fund to be
18used to defray administrative costs incurred by the circuit
19clerk in performing the duties required to collect and disburse
20funds. This Section is a denial and limitation of home rule
21powers and functions under subsection (h) of Section 6 of
22Article VII of the Illinois Constitution.
23 (b) The following amounts must be remitted to the State
24Treasurer for deposit into the Illinois Animal Abuse Fund:
25 (1) 50% of the amounts collected for felony offenses
26 under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,

HB3064- 150 -LRB101 10107 LNS 55210 b
1 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
2 Animals Act and Section 26-5 or 48-1 of the Criminal Code
3 of 1961 or the Criminal Code of 2012;
4 (2) 20% of the amounts collected for Class A and Class
5 B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
6 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
7 for Animals Act and Section 26-5 or 48-1 of the Criminal
8 Code of 1961 or the Criminal Code of 2012; and
9 (3) 50% of the amounts collected for Class C
10 misdemeanors under Sections 4.01 and 7.1 of the Humane Care
11 for Animals Act and Section 26-5 or 48-1 of the Criminal
12 Code of 1961 or the Criminal Code of 2012.
13 (c) Any person who receives a disposition of court
14supervision for a violation of the Illinois Vehicle Code or a
15similar provision of a local ordinance shall, in addition to
16any other fines, fees, and court costs, pay an additional fee
17of $29, to be disbursed as provided in Section 16-104c of the
18Illinois Vehicle Code. In addition to the fee of $29, the
19person shall also pay a fee of $6, if not waived by the court.
20If this $6 fee is collected, $5.50 of the fee shall be
21deposited into the Circuit Court Clerk Operation and
22Administrative Fund created by the Clerk of the Circuit Court
23and 50 cents of the fee shall be deposited into the Prisoner
24Review Board Vehicle and Equipment Fund in the State treasury.
25 (d) Any person convicted of, pleading guilty to, or placed
26on supervision for a serious traffic violation, as defined in

HB3064- 151 -LRB101 10107 LNS 55210 b
1Section 1-187.001 of the Illinois Vehicle Code, a violation of
2Section 11-501 of the Illinois Vehicle Code, or a violation of
3a similar provision of a local ordinance shall pay an
4additional fee of $35, to be disbursed as provided in Section
516-104d of that Code.
6 This subsection (d) becomes inoperative on January 1, 2020.
7 (e) In all counties having a population of 3,000,000 or
8more inhabitants:
9 (1) A person who is found guilty of or pleads guilty to
10 violating subsection (a) of Section 11-501 of the Illinois
11 Vehicle Code, including any person placed on court
12 supervision for violating subsection (a), shall be fined
13 $750 as provided for by subsection (f) of Section 11-501.01
14 of the Illinois Vehicle Code, payable to the circuit clerk,
15 who shall distribute the money pursuant to subsection (f)
16 of Section 11-501.01 of the Illinois Vehicle Code.
17 (2) When a crime laboratory DUI analysis fee of $150,
18 provided for by Section 5-9-1.9 of the Unified Code of
19 Corrections is assessed, it shall be disbursed by the
20 circuit clerk as provided by subsection (f) of Section
21 5-9-1.9 of the Unified Code of Corrections.
22 (3) When a fine for a violation of subsection (a) of
23 Section 11-605 of the Illinois Vehicle Code is $150 or
24 greater, the additional $50 which is charged as provided
25 for by subsection (f) of Section 11-605 of the Illinois
26 Vehicle Code shall be disbursed by the circuit clerk to a

HB3064- 152 -LRB101 10107 LNS 55210 b
1 school district or districts for school safety purposes as
2 provided by subsection (f) of Section 11-605.
3 (4) When a fine for a violation of subsection (a) of
4 Section 11-1002.5 of the Illinois Vehicle Code is $150 or
5 greater, the additional $50 which is charged as provided
6 for by subsection (c) of Section 11-1002.5 of the Illinois
7 Vehicle Code shall be disbursed by the circuit clerk to a
8 school district or districts for school safety purposes as
9 provided by subsection (c) of Section 11-1002.5 of the
10 Illinois Vehicle Code.
11 (5) When a mandatory drug court fee of up to $5 is
12 assessed as provided in subsection (f) of Section 5-1101 of
13 the Counties Code, it shall be disbursed by the circuit
14 clerk as provided in subsection (f) of Section 5-1101 of
15 the Counties Code.
16 (6) When a mandatory teen court, peer jury, youth
17 court, or other youth diversion program fee is assessed as
18 provided in subsection (e) of Section 5-1101 of the
19 Counties Code, it shall be disbursed by the circuit clerk
20 as provided in subsection (e) of Section 5-1101 of the
21 Counties Code.
22 (7) When a Children's Advocacy Center fee is assessed
23 pursuant to subsection (f-5) of Section 5-1101 of the
24 Counties Code, it shall be disbursed by the circuit clerk
25 as provided in subsection (f-5) of Section 5-1101 of the
26 Counties Code.

HB3064- 153 -LRB101 10107 LNS 55210 b
1 (8) When a victim impact panel fee is assessed pursuant
2 to subsection (b) of Section 11-501.01 of the Illinois
3 Vehicle Code, it shall be disbursed by the circuit clerk to
4 the victim impact panel to be attended by the defendant.
5 (9) When a new fee collected in traffic cases is
6 enacted after January 1, 2010 (the effective date of Public
7 Act 96-735), it shall be excluded from the percentage
8 disbursement provisions of this Section unless otherwise
9 indicated by law.
10 (f) Any person who receives a disposition of court
11supervision for a violation of Section 11-501 of the Illinois
12Vehicle Code shall, in addition to any other fines, fees, and
13court costs, pay an additional fee of $50, which shall be
14collected by the circuit clerk and then remitted to the State
15Treasurer for deposit into the Roadside Memorial Fund, a
16special fund in the State treasury. However, the court may
17waive the fee if full restitution is complied with. Subject to
18appropriation, all moneys in the Roadside Memorial Fund shall
19be used by the Department of Transportation to pay fees imposed
20under subsection (f) of Section 20 of the Roadside Memorial
21Act. The fee shall be remitted by the circuit clerk within one
22month after receipt to the State Treasurer for deposit into the
23Roadside Memorial Fund.
24 (g) For any conviction or disposition of court supervision
25for a violation of Section 11-1429 of the Illinois Vehicle
26Code, the circuit clerk shall distribute the fines paid by the

HB3064- 154 -LRB101 10107 LNS 55210 b
1person as specified by subsection (h) of Section 11-1429 of the
2Illinois Vehicle Code.
3(Source: P.A. 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13;
497-1150, eff. 1-25-13; 98-658, eff. 6-23-14.)
5 (705 ILCS 105/27.6)
6 (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,
796-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
898-658, 98-1013, 99-78, and 99-455)
9 Sec. 27.6. (a) All fees, fines, costs, additional
10penalties, bail balances assessed or forfeited, and any other
11amount paid by a person to the circuit clerk equalling an
12amount of $55 or more, except the fine imposed by Section
135-9-1.15 of the Unified Code of Corrections, the additional fee
14required by subsections (b) and (c), restitution under Section
155-5-6 of the Unified Code of Corrections, contributions to a
16local anti-crime program ordered pursuant to Section
175-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
18Corrections, reimbursement for the costs of an emergency
19response as provided under Section 11-501 of the Illinois
20Vehicle Code, any fees collected for attending a traffic safety
21program under paragraph (c) of Supreme Court Rule 529, any fee
22collected on behalf of a State's Attorney under Section 4-2002
23of the Counties Code or a sheriff under Section 4-5001 of the
24Counties Code, or any cost imposed under Section 124A-5 of the
25Code of Criminal Procedure of 1963, for convictions, orders of

HB3064- 155 -LRB101 10107 LNS 55210 b
1supervision, or any other disposition for a violation of
2Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
3similar provision of a local ordinance, and any violation of
4the Child Passenger Protection Act, or a similar provision of a
5local ordinance, and except as otherwise provided in this
6Section shall be disbursed within 60 days after receipt by the
7circuit clerk as follows: 44.5% shall be disbursed to the
8entity authorized by law to receive the fine imposed in the
9case; 16.825% shall be disbursed to the State Treasurer; and
1038.675% shall be disbursed to the county's general corporate
11fund. Of the 16.825% disbursed to the State Treasurer, 2/17
12shall be deposited by the State Treasurer into the Violent
13Crime Victims Assistance Fund, 5.052/17 shall be deposited into
14the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
15be deposited into the Drivers Education Fund, and 6.948/17
16shall be deposited into the Trauma Center Fund. Of the 6.948/17
17deposited into the Trauma Center Fund from the 16.825%
18disbursed to the State Treasurer, 50% shall be disbursed to the
19Department of Public Health and 50% shall be disbursed to the
20Department of Healthcare and Family Services. For fiscal year
211993, amounts deposited into the Violent Crime Victims
22Assistance Fund, the Traffic and Criminal Conviction Surcharge
23Fund, or the Drivers Education Fund shall not exceed 110% of
24the amounts deposited into those funds in fiscal year 1991. Any
25amount that exceeds the 110% limit shall be distributed as
26follows: 50% shall be disbursed to the county's general

HB3064- 156 -LRB101 10107 LNS 55210 b
1corporate fund and 50% shall be disbursed to the entity
2authorized by law to receive the fine imposed in the case. Not
3later than March 1 of each year the circuit clerk shall submit
4a report of the amount of funds remitted to the State Treasurer
5under this Section during the preceding year based upon
6independent verification of fines and fees. All counties shall
7be subject to this Section, except that counties with a
8population under 2,000,000 may, by ordinance, elect not to be
9subject to this Section. For offenses subject to this Section,
10judges shall impose one total sum of money payable for
11violations. The circuit clerk may add on no additional amounts
12except for amounts that are required by Sections 27.3a and
1327.3c of this Act, unless those amounts are specifically waived
14by the judge. With respect to money collected by the circuit
15clerk as a result of forfeiture of bail, ex parte judgment or
16guilty plea pursuant to Supreme Court Rule 529, the circuit
17clerk shall first deduct and pay amounts required by Sections
1827.3a and 27.3c of this Act. This Section is a denial and
19limitation of home rule powers and functions under subsection
20(h) of Section 6 of Article VII of the Illinois Constitution.
21 (b) In addition to any other fines and court costs assessed
22by the courts, any person convicted or receiving an order of
23supervision for driving under the influence of alcohol or drugs
24shall pay an additional fee of $100 to the clerk of the circuit
25court. This amount, less 2 1/2% that shall be used to defray
26administrative costs incurred by the clerk, shall be remitted

HB3064- 157 -LRB101 10107 LNS 55210 b
1by the clerk to the Treasurer within 60 days after receipt for
2deposit into the Trauma Center Fund. This additional fee of
3$100 shall not be considered a part of the fine for purposes of
4any reduction in the fine for time served either before or
5after sentencing. Not later than March 1 of each year the
6Circuit Clerk shall submit a report of the amount of funds
7remitted to the State Treasurer under this subsection during
8the preceding calendar year.
9 (b-1) In addition to any other fines and court costs
10assessed by the courts, any person convicted or receiving an
11order of supervision for driving under the influence of alcohol
12or drugs shall pay an additional fee of $5 to the clerk of the
13circuit court. This amount, less 2 1/2% that shall be used to
14defray administrative costs incurred by the clerk, shall be
15remitted by the clerk to the Treasurer within 60 days after
16receipt for deposit into the Spinal Cord Injury Paralysis Cure
17Research Trust Fund. This additional fee of $5 shall not be
18considered a part of the fine for purposes of any reduction in
19the fine for time served either before or after sentencing. Not
20later than March 1 of each year the Circuit Clerk shall submit
21a report of the amount of funds remitted to the State Treasurer
22under this subsection during the preceding calendar year.
23 (c) In addition to any other fines and court costs assessed
24by the courts, any person convicted for a violation of Sections
2524-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
26Criminal Code of 2012 or a person sentenced for a violation of

HB3064- 158 -LRB101 10107 LNS 55210 b
1the Cannabis Control Act, the Illinois Controlled Substances
2Act, or the Methamphetamine Control and Community Protection
3Act shall pay an additional fee of $100 to the clerk of the
4circuit court. This amount, less 2 1/2% that shall be used to
5defray administrative costs incurred by the clerk, shall be
6remitted by the clerk to the Treasurer within 60 days after
7receipt for deposit into the Trauma Center Fund. This
8additional fee of $100 shall not be considered a part of the
9fine for purposes of any reduction in the fine for time served
10either before or after sentencing. Not later than March 1 of
11each year the Circuit Clerk shall submit a report of the amount
12of funds remitted to the State Treasurer under this subsection
13during the preceding calendar year.
14 (c-1) In addition to any other fines and court costs
15assessed by the courts, any person sentenced for a violation of
16the Cannabis Control Act, the Illinois Controlled Substances
17Act, or the Methamphetamine Control and Community Protection
18Act shall pay an additional fee of $5 to the clerk of the
19circuit court. This amount, less 2 1/2% that shall be used to
20defray administrative costs incurred by the clerk, shall be
21remitted by the clerk to the Treasurer within 60 days after
22receipt for deposit into the Spinal Cord Injury Paralysis Cure
23Research Trust Fund. This additional fee of $5 shall not be
24considered a part of the fine for purposes of any reduction in
25the fine for time served either before or after sentencing. Not
26later than March 1 of each year the Circuit Clerk shall submit

HB3064- 159 -LRB101 10107 LNS 55210 b
1a report of the amount of funds remitted to the State Treasurer
2under this subsection during the preceding calendar year.
3 (d) The following amounts must be remitted to the State
4Treasurer for deposit into the Illinois Animal Abuse Fund:
5 (1) 50% of the amounts collected for felony offenses
6 under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
7 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
8 Animals Act and Section 26-5 or 48-1 of the Criminal Code
9 of 1961 or the Criminal Code of 2012;
10 (2) 20% of the amounts collected for Class A and Class
11 B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
12 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
13 for Animals Act and Section 26-5 or 48-1 of the Criminal
14 Code of 1961 or the Criminal Code of 2012; and
15 (3) 50% of the amounts collected for Class C
16 misdemeanors under Sections 4.01 and 7.1 of the Humane Care
17 for Animals Act and Section 26-5 or 48-1 of the Criminal
18 Code of 1961 or the Criminal Code of 2012.
19 (e) Any person who receives a disposition of court
20supervision for a violation of the Illinois Vehicle Code or a
21similar provision of a local ordinance shall, in addition to
22any other fines, fees, and court costs, pay an additional fee
23of $29, to be disbursed as provided in Section 16-104c of the
24Illinois Vehicle Code. In addition to the fee of $29, the
25person shall also pay a fee of $6, if not waived by the court.
26If this $6 fee is collected, $5.50 of the fee shall be

HB3064- 160 -LRB101 10107 LNS 55210 b
1deposited into the Circuit Court Clerk Operation and
2Administrative Fund created by the Clerk of the Circuit Court
3and 50 cents of the fee shall be deposited into the Prisoner
4Review Board Vehicle and Equipment Fund in the State treasury.
5 (f) This Section does not apply to the additional child
6pornography fines assessed and collected under Section
75-9-1.14 of the Unified Code of Corrections.
8 (g) (Blank).
9 (h) (Blank).
10 (i) Of the amounts collected as fines under subsection (b)
11of Section 3-712 of the Illinois Vehicle Code, 99% shall be
12deposited into the Illinois Military Family Relief Fund and 1%
13shall be deposited into the Circuit Court Clerk Operation and
14Administrative Fund created by the Clerk of the Circuit Court
15to be used to offset the costs incurred by the Circuit Court
16Clerk in performing the additional duties required to collect
17and disburse funds to entities of State and local government as
18provided by law.
19 (j) Any person convicted of, pleading guilty to, or placed
20on supervision for a serious traffic violation, as defined in
21Section 1-187.001 of the Illinois Vehicle Code, a violation of
22Section 11-501 of the Illinois Vehicle Code, or a violation of
23a similar provision of a local ordinance shall pay an
24additional fee of $35, to be disbursed as provided in Section
2516-104d of that Code.
26 This subsection (j) becomes inoperative on January 1, 2020.

HB3064- 161 -LRB101 10107 LNS 55210 b
1 (k) For any conviction or disposition of court supervision
2for a violation of Section 11-1429 of the Illinois Vehicle
3Code, the circuit clerk shall distribute the fines paid by the
4person as specified by subsection (h) of Section 11-1429 of the
5Illinois Vehicle Code.
6 (l) Any person who receives a disposition of court
7supervision for a violation of Section 11-501 of the Illinois
8Vehicle Code or a similar provision of a local ordinance shall,
9in addition to any other fines, fees, and court costs, pay an
10additional fee of $50, which shall be collected by the circuit
11clerk and then remitted to the State Treasurer for deposit into
12the Roadside Memorial Fund, a special fund in the State
13treasury. However, the court may waive the fee if full
14restitution is complied with. Subject to appropriation, all
15moneys in the Roadside Memorial Fund shall be used by the
16Department of Transportation to pay fees imposed under
17subsection (f) of Section 20 of the Roadside Memorial Act. The
18fee shall be remitted by the circuit clerk within one month
19after receipt to the State Treasurer for deposit into the
20Roadside Memorial Fund.
21 (m) Of the amounts collected as fines under subsection (c)
22of Section 411.4 of the Illinois Controlled Substances Act or
23subsection (c) of Section 90 of the Methamphetamine Control and
24Community Protection Act, 99% shall be deposited to the law
25enforcement agency or fund specified and 1% shall be deposited
26into the Circuit Court Clerk Operation and Administrative Fund

HB3064- 162 -LRB101 10107 LNS 55210 b
1to be used to offset the costs incurred by the Circuit Court
2Clerk in performing the additional duties required to collect
3and disburse funds to entities of State and local government as
4provided by law.
5 (n) In addition to any other fines and court costs assessed
6by the courts, any person who is convicted of or pleads guilty
7to a violation of the Criminal Code of 1961 or the Criminal
8Code of 2012, or a similar provision of a local ordinance, or
9who is convicted of, pleads guilty to, or receives a
10disposition of court supervision for a violation of the
11Illinois Vehicle Code, or a similar provision of a local
12ordinance, shall pay an additional fee of $15 to the clerk of
13the circuit court. This additional fee of $15 shall not be
14considered a part of the fine for purposes of any reduction in
15the fine for time served either before or after sentencing.
16This amount, less 2.5% that shall be used to defray
17administrative costs incurred by the clerk, shall be remitted
18by the clerk to the State Treasurer within 60 days after
19receipt for deposit into the State Police Merit Board Public
20Safety Fund.
21 (o) The amounts collected as fines under Sections 10-9,
2211-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
23be collected by the circuit clerk and distributed as provided
24under Section 5-9-1.21 of the Unified Code of Corrections in
25lieu of any disbursement under subsection (a) of this Section.
26 (p) In addition to any other fees and penalties imposed,

HB3064- 163 -LRB101 10107 LNS 55210 b
1any person who is convicted of or pleads guilty to a violation
2of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012
3shall pay an additional fee of $250 to the clerk of the circuit
4court. This additional fee of $250 shall not be considered a
5part of the fine for purposes of any reduction in the fine for
6time served either before or after sentencing. This amount,
7less 2.5% that shall be used to defray administrative costs
8incurred by the clerk, shall be remitted by the clerk to the
9Department of Insurance within 60 days after receipt for
10deposit into the George Bailey Memorial Fund.
11(Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15;
1299-78, eff. 7-20-15; 99-455, eff. 1-1-16.)
13 (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
1496-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
1598-658, 98-1013, 99-78, and 99-455)
16 Sec. 27.6. (a) All fees, fines, costs, additional
17penalties, bail balances assessed or forfeited, and any other
18amount paid by a person to the circuit clerk equalling an
19amount of $55 or more, except the fine imposed by Section
205-9-1.15 of the Unified Code of Corrections, the additional fee
21required by subsections (b) and (c), restitution under Section
225-5-6 of the Unified Code of Corrections, contributions to a
23local anti-crime program ordered pursuant to Section
245-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
25Corrections, reimbursement for the costs of an emergency

HB3064- 164 -LRB101 10107 LNS 55210 b
1response as provided under Section 11-501 of the Illinois
2Vehicle Code, any fees collected for attending a traffic safety
3program under paragraph (c) of Supreme Court Rule 529, any fee
4collected on behalf of a State's Attorney under Section 4-2002
5of the Counties Code or a sheriff under Section 4-5001 of the
6Counties Code, or any cost imposed under Section 124A-5 of the
7Code of Criminal Procedure of 1963, for convictions, orders of
8supervision, or any other disposition for a violation of
9Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
10similar provision of a local ordinance, and any violation of
11the Child Passenger Protection Act, or a similar provision of a
12local ordinance, and except as otherwise provided in this
13Section shall be disbursed within 60 days after receipt by the
14circuit clerk as follows: 44.5% shall be disbursed to the
15entity authorized by law to receive the fine imposed in the
16case; 16.825% shall be disbursed to the State Treasurer; and
1738.675% shall be disbursed to the county's general corporate
18fund. Of the 16.825% disbursed to the State Treasurer, 2/17
19shall be deposited by the State Treasurer into the Violent
20Crime Victims Assistance Fund, 5.052/17 shall be deposited into
21the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
22be deposited into the Drivers Education Fund, and 6.948/17
23shall be deposited into the Trauma Center Fund. Of the 6.948/17
24deposited into the Trauma Center Fund from the 16.825%
25disbursed to the State Treasurer, 50% shall be disbursed to the
26Department of Public Health and 50% shall be disbursed to the

HB3064- 165 -LRB101 10107 LNS 55210 b
1Department of Healthcare and Family Services. For fiscal year
21993, amounts deposited into the Violent Crime Victims
3Assistance Fund, the Traffic and Criminal Conviction Surcharge
4Fund, or the Drivers Education Fund shall not exceed 110% of
5the amounts deposited into those funds in fiscal year 1991. Any
6amount that exceeds the 110% limit shall be distributed as
7follows: 50% shall be disbursed to the county's general
8corporate fund and 50% shall be disbursed to the entity
9authorized by law to receive the fine imposed in the case. Not
10later than March 1 of each year the circuit clerk shall submit
11a report of the amount of funds remitted to the State Treasurer
12under this Section during the preceding year based upon
13independent verification of fines and fees. All counties shall
14be subject to this Section, except that counties with a
15population under 2,000,000 may, by ordinance, elect not to be
16subject to this Section. For offenses subject to this Section,
17judges shall impose one total sum of money payable for
18violations. The circuit clerk may add on no additional amounts
19except for amounts that are required by Sections 27.3a and
2027.3c of this Act, Section 16-104c of the Illinois Vehicle
21Code, and subsection (a) of Section 5-1101 of the Counties
22Code, unless those amounts are specifically waived by the
23judge. With respect to money collected by the circuit clerk as
24a result of forfeiture of bail, ex parte judgment or guilty
25plea pursuant to Supreme Court Rule 529, the circuit clerk
26shall first deduct and pay amounts required by Sections 27.3a

HB3064- 166 -LRB101 10107 LNS 55210 b
1and 27.3c of this Act. Unless a court ordered payment schedule
2is implemented or fee requirements are waived pursuant to court
3order, the clerk of the court may add to any unpaid fees and
4costs a delinquency amount equal to 5% of the unpaid fees that
5remain unpaid after 30 days, 10% of the unpaid fees that remain
6unpaid after 60 days, and 15% of the unpaid fees that remain
7unpaid after 90 days. Notice to those parties may be made by
8signage posting or publication. The additional delinquency
9amounts collected under this Section shall be deposited in the
10Circuit Court Clerk Operation and Administrative Fund to be
11used to defray administrative costs incurred by the circuit
12clerk in performing the duties required to collect and disburse
13funds. This Section is a denial and limitation of home rule
14powers and functions under subsection (h) of Section 6 of
15Article VII of the Illinois Constitution.
16 (b) In addition to any other fines and court costs assessed
17by the courts, any person convicted or receiving an order of
18supervision for driving under the influence of alcohol or drugs
19shall pay an additional fee of $100 to the clerk of the circuit
20court. This amount, less 2 1/2% that shall be used to defray
21administrative costs incurred by the clerk, shall be remitted
22by the clerk to the Treasurer within 60 days after receipt for
23deposit into the Trauma Center Fund. This additional fee of
24$100 shall not be considered a part of the fine for purposes of
25any reduction in the fine for time served either before or
26after sentencing. Not later than March 1 of each year the

HB3064- 167 -LRB101 10107 LNS 55210 b
1Circuit Clerk shall submit a report of the amount of funds
2remitted to the State Treasurer under this subsection during
3the preceding calendar year.
4 (b-1) In addition to any other fines and court costs
5assessed by the courts, any person convicted or receiving an
6order of supervision for driving under the influence of alcohol
7or drugs shall pay an additional fee of $5 to the clerk of the
8circuit court. This amount, less 2 1/2% that shall be used to
9defray administrative costs incurred by the clerk, shall be
10remitted by the clerk to the Treasurer within 60 days after
11receipt for deposit into the Spinal Cord Injury Paralysis Cure
12Research Trust Fund. This additional fee of $5 shall not be
13considered a part of the fine for purposes of any reduction in
14the fine for time served either before or after sentencing. Not
15later than March 1 of each year the Circuit Clerk shall submit
16a report of the amount of funds remitted to the State Treasurer
17under this subsection during the preceding calendar year.
18 (c) In addition to any other fines and court costs assessed
19by the courts, any person convicted for a violation of Sections
2024-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
21Criminal Code of 2012 or a person sentenced for a violation of
22the Cannabis Control Act, the Illinois Controlled Substances
23Act, or the Methamphetamine Control and Community Protection
24Act shall pay an additional fee of $100 to the clerk of the
25circuit court. This amount, less 2 1/2% that shall be used to
26defray administrative costs incurred by the clerk, shall be

HB3064- 168 -LRB101 10107 LNS 55210 b
1remitted by the clerk to the Treasurer within 60 days after
2receipt for deposit into the Trauma Center Fund. This
3additional fee of $100 shall not be considered a part of the
4fine for purposes of any reduction in the fine for time served
5either before or after sentencing. Not later than March 1 of
6each year the Circuit Clerk shall submit a report of the amount
7of funds remitted to the State Treasurer under this subsection
8during the preceding calendar year.
9 (c-1) In addition to any other fines and court costs
10assessed by the courts, any person sentenced for a violation of
11the Cannabis Control Act, the Illinois Controlled Substances
12Act, or the Methamphetamine Control and Community Protection
13Act shall pay an additional fee of $5 to the clerk of the
14circuit court. This amount, less 2 1/2% that shall be used to
15defray administrative costs incurred by the clerk, shall be
16remitted by the clerk to the Treasurer within 60 days after
17receipt for deposit into the Spinal Cord Injury Paralysis Cure
18Research Trust Fund. This additional fee of $5 shall not be
19considered a part of the fine for purposes of any reduction in
20the fine for time served either before or after sentencing. Not
21later than March 1 of each year the Circuit Clerk shall submit
22a report of the amount of funds remitted to the State Treasurer
23under this subsection during the preceding calendar year.
24 (d) The following amounts must be remitted to the State
25Treasurer for deposit into the Illinois Animal Abuse Fund:
26 (1) 50% of the amounts collected for felony offenses

HB3064- 169 -LRB101 10107 LNS 55210 b
1 under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
2 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
3 Animals Act and Section 26-5 or 48-1 of the Criminal Code
4 of 1961 or the Criminal Code of 2012;
5 (2) 20% of the amounts collected for Class A and Class
6 B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
7 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
8 for Animals Act and Section 26-5 or 48-1 of the Criminal
9 Code of 1961 or the Criminal Code of 2012; and
10 (3) 50% of the amounts collected for Class C
11 misdemeanors under Sections 4.01 and 7.1 of the Humane Care
12 for Animals Act and Section 26-5 or 48-1 of the Criminal
13 Code of 1961 or the Criminal Code of 2012.
14 (e) Any person who receives a disposition of court
15supervision for a violation of the Illinois Vehicle Code or a
16similar provision of a local ordinance shall, in addition to
17any other fines, fees, and court costs, pay an additional fee
18of $29, to be disbursed as provided in Section 16-104c of the
19Illinois Vehicle Code. In addition to the fee of $29, the
20person shall also pay a fee of $6, if not waived by the court.
21If this $6 fee is collected, $5.50 of the fee shall be
22deposited into the Circuit Court Clerk Operation and
23Administrative Fund created by the Clerk of the Circuit Court
24and 50 cents of the fee shall be deposited into the Prisoner
25Review Board Vehicle and Equipment Fund in the State treasury.
26 (f) This Section does not apply to the additional child

HB3064- 170 -LRB101 10107 LNS 55210 b
1pornography fines assessed and collected under Section
25-9-1.14 of the Unified Code of Corrections.
3 (g) Any person convicted of or pleading guilty to a serious
4traffic violation, as defined in Section 1-187.001 of the
5Illinois Vehicle Code, shall pay an additional fee of $35, to
6be disbursed as provided in Section 16-104d of that Code. This
7subsection (g) becomes inoperative on January 1, 2020.
8 (h) In all counties having a population of 3,000,000 or
9more inhabitants,
10 (1) A person who is found guilty of or pleads guilty to
11 violating subsection (a) of Section 11-501 of the Illinois
12 Vehicle Code, including any person placed on court
13 supervision for violating subsection (a), shall be fined
14 $750 as provided for by subsection (f) of Section 11-501.01
15 of the Illinois Vehicle Code, payable to the circuit clerk,
16 who shall distribute the money pursuant to subsection (f)
17 of Section 11-501.01 of the Illinois Vehicle Code.
18 (2) When a crime laboratory DUI analysis fee of $150,
19 provided for by Section 5-9-1.9 of the Unified Code of
20 Corrections is assessed, it shall be disbursed by the
21 circuit clerk as provided by subsection (f) of Section
22 5-9-1.9 of the Unified Code of Corrections.
23 (3) When a fine for a violation of Section 11-605.1 of
24 the Illinois Vehicle Code is $250 or greater, the person
25 who violated that Section shall be charged an additional
26 $125 as provided for by subsection (e) of Section 11-605.1

HB3064- 171 -LRB101 10107 LNS 55210 b
1 of the Illinois Vehicle Code, which shall be disbursed by
2 the circuit clerk to a State or county Transportation
3 Safety Highway Hire-back Fund as provided by subsection (e)
4 of Section 11-605.1 of the Illinois Vehicle Code.
5 (4) When a fine for a violation of subsection (a) of
6 Section 11-605 of the Illinois Vehicle Code is $150 or
7 greater, the additional $50 which is charged as provided
8 for by subsection (f) of Section 11-605 of the Illinois
9 Vehicle Code shall be disbursed by the circuit clerk to a
10 school district or districts for school safety purposes as
11 provided by subsection (f) of Section 11-605.
12 (5) When a fine for a violation of subsection (a) of
13 Section 11-1002.5 of the Illinois Vehicle Code is $150 or
14 greater, the additional $50 which is charged as provided
15 for by subsection (c) of Section 11-1002.5 of the Illinois
16 Vehicle Code shall be disbursed by the circuit clerk to a
17 school district or districts for school safety purposes as
18 provided by subsection (c) of Section 11-1002.5 of the
19 Illinois Vehicle Code.
20 (6) When a mandatory drug court fee of up to $5 is
21 assessed as provided in subsection (f) of Section 5-1101 of
22 the Counties Code, it shall be disbursed by the circuit
23 clerk as provided in subsection (f) of Section 5-1101 of
24 the Counties Code.
25 (7) When a mandatory teen court, peer jury, youth
26 court, or other youth diversion program fee is assessed as

HB3064- 172 -LRB101 10107 LNS 55210 b
1 provided in subsection (e) of Section 5-1101 of the
2 Counties Code, it shall be disbursed by the circuit clerk
3 as provided in subsection (e) of Section 5-1101 of the
4 Counties Code.
5 (8) When a Children's Advocacy Center fee is assessed
6 pursuant to subsection (f-5) of Section 5-1101 of the
7 Counties Code, it shall be disbursed by the circuit clerk
8 as provided in subsection (f-5) of Section 5-1101 of the
9 Counties Code.
10 (9) When a victim impact panel fee is assessed pursuant
11 to subsection (b) of Section 11-501.01 of the Vehicle Code,
12 it shall be disbursed by the circuit clerk to the victim
13 impact panel to be attended by the defendant.
14 (10) When a new fee collected in traffic cases is
15 enacted after the effective date of this subsection (h), it
16 shall be excluded from the percentage disbursement
17 provisions of this Section unless otherwise indicated by
18 law.
19 (i) Of the amounts collected as fines under subsection (b)
20of Section 3-712 of the Illinois Vehicle Code, 99% shall be
21deposited into the Illinois Military Family Relief Fund and 1%
22shall be deposited into the Circuit Court Clerk Operation and
23Administrative Fund created by the Clerk of the Circuit Court
24to be used to offset the costs incurred by the Circuit Court
25Clerk in performing the additional duties required to collect
26and disburse funds to entities of State and local government as

HB3064- 173 -LRB101 10107 LNS 55210 b
1provided by law.
2 (j) (Blank).
3 (k) For any conviction or disposition of court supervision
4for a violation of Section 11-1429 of the Illinois Vehicle
5Code, the circuit clerk shall distribute the fines paid by the
6person as specified by subsection (h) of Section 11-1429 of the
7Illinois Vehicle Code.
8 (l) Any person who receives a disposition of court
9supervision for a violation of Section 11-501 of the Illinois
10Vehicle Code or a similar provision of a local ordinance shall,
11in addition to any other fines, fees, and court costs, pay an
12additional fee of $50, which shall be collected by the circuit
13clerk and then remitted to the State Treasurer for deposit into
14the Roadside Memorial Fund, a special fund in the State
15treasury. However, the court may waive the fee if full
16restitution is complied with. Subject to appropriation, all
17moneys in the Roadside Memorial Fund shall be used by the
18Department of Transportation to pay fees imposed under
19subsection (f) of Section 20 of the Roadside Memorial Act. The
20fee shall be remitted by the circuit clerk within one month
21after receipt to the State Treasurer for deposit into the
22Roadside Memorial Fund.
23 (m) Of the amounts collected as fines under subsection (c)
24of Section 411.4 of the Illinois Controlled Substances Act or
25subsection (c) of Section 90 of the Methamphetamine Control and
26Community Protection Act, 99% shall be deposited to the law

HB3064- 174 -LRB101 10107 LNS 55210 b
1enforcement agency or fund specified and 1% shall be deposited
2into the Circuit Court Clerk Operation and Administrative Fund
3to be used to offset the costs incurred by the Circuit Court
4Clerk in performing the additional duties required to collect
5and disburse funds to entities of State and local government as
6provided by law.
7 (n) In addition to any other fines and court costs assessed
8by the courts, any person who is convicted of or pleads guilty
9to a violation of the Criminal Code of 1961 or the Criminal
10Code of 2012, or a similar provision of a local ordinance, or
11who is convicted of, pleads guilty to, or receives a
12disposition of court supervision for a violation of the
13Illinois Vehicle Code, or a similar provision of a local
14ordinance, shall pay an additional fee of $15 to the clerk of
15the circuit court. This additional fee of $15 shall not be
16considered a part of the fine for purposes of any reduction in
17the fine for time served either before or after sentencing.
18This amount, less 2.5% that shall be used to defray
19administrative costs incurred by the clerk, shall be remitted
20by the clerk to the State Treasurer within 60 days after
21receipt for deposit into the State Police Merit Board Public
22Safety Fund.
23 (o) The amounts collected as fines under Sections 10-9,
2411-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
25be collected by the circuit clerk and distributed as provided
26under Section 5-9-1.21 of the Unified Code of Corrections in

HB3064- 175 -LRB101 10107 LNS 55210 b
1lieu of any disbursement under subsection (a) of this Section.
2 (p) In addition to any other fees and penalties imposed,
3any person who is convicted of or pleads guilty to a violation
4of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012
5shall pay an additional fee of $250 to the clerk of the circuit
6court. This additional fee of $250 shall not be considered a
7part of the fine for purposes of any reduction in the fine for
8time served either before or after sentencing. This amount,
9less 2.5% that shall be used to defray administrative costs
10incurred by the clerk, shall be remitted by the clerk to the
11Department of Insurance within 60 days after receipt for
12deposit into the George Bailey Memorial Fund.
13(Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15;
1499-78, eff. 7-20-15; 99-455, eff. 1-1-16.)
15 (705 ILCS 105/27.7)
16 Sec. 27.7. Children's waiting room. The expense of
17establishing and maintaining a children's waiting room for
18children whose parents or guardians are attending a court
19hearing as a litigant, witness, or for other court purposes as
20determined by the court may be borne by the county. To defray
21that expense in any county having established a children's
22waiting room or that elects to establish such a system, the
23county board may require the clerk of the circuit court in the
24county to charge and collect a children's waiting room fee of
25not more than $10 through December 31, 2021 and not more than

HB3064- 176 -LRB101 10107 LNS 55210 b
1$8 on and after January 1, 2022. The fee shall be paid at the
2time of filing the first pleading, paper, or other appearance
3filed by each party in all civil cases. No additional fee shall
4be required if more than one party is presented in a single
5pleading, paper, or other appearance. The fee shall be
6collected in the manner in which all other fees or costs are
7collected.
8 Each clerk shall commence the charges and collection upon
9receipt of written notice from the chairman of the county board
10together with a certified copy of the board's resolution. The
11clerk shall file the resolution of record in his or her office.
12 The fees shall be in addition to all other fees and charges
13of the clerks, shall be assessable as costs, and may be waived
14only if the judge specifically provides for the waiver of the
15children's waiting room fee. The fees shall be remitted monthly
16by the clerk to the county treasurer, to be retained by the
17treasurer in a special fund designated as the children's
18waiting room fund. The fund shall be audited by the county
19auditor, and the county board shall make expenditure from the
20fund in payment of any cost related to the establishment and
21maintenance of the children's waiting room, including
22personnel, heat, light, telephone, security, rental of space,
23or any other item in connection with the operation of a
24children's waiting room.
25 The fees shall not be charged in any matter coming to the
26clerk on a change of venue, nor in any proceeding to review the

HB3064- 177 -LRB101 10107 LNS 55210 b
1decision of any administrative officer, agency, or body.
2(Source: P.A. 99-859, eff. 8-19-16.)
3 Section 100. The Juvenile Court Act of 1987 is amended by
4changing Section 5-915 as follows:
5 (705 ILCS 405/5-915)
6 (Text of Section before amendment by P.A. 100-987)
7 Sec. 5-915. Expungement of juvenile law enforcement and
8juvenile court records.
9 (0.05) (Blank).
10 (0.1) (a) Except as otherwise provided in subsection (0.15)
11of this Section, the Department of State Police and all law
12enforcement agencies within the State shall automatically
13expunge, on or before January 1 of each year, all juvenile law
14enforcement records relating to events occurring before an
15individual's 18th birthday if:
16 (1) one year or more has elapsed since the date of the
17 arrest or law enforcement interaction documented in the
18 records;
19 (2) no petition for delinquency or criminal charges
20 were filed with the clerk of the circuit court relating to
21 the arrest or law enforcement interaction documented in the
22 records; and
23 (3) 6 months have elapsed since the date of the arrest
24 without an additional subsequent arrest or filing of a

HB3064- 178 -LRB101 10107 LNS 55210 b
1 petition for delinquency or criminal charges whether
2 related or not to the arrest or law enforcement interaction
3 documented in the records.
4 (b) If the law enforcement agency is unable to verify
5satisfaction of conditions (2) and (3) of this subsection
6(0.1), records that satisfy condition (1) of this subsection
7(0.1) shall be automatically expunged if the records relate to
8an offense that if committed by an adult would not be an
9offense classified as Class 2 felony or higher, an offense
10under Article 11 of the Criminal Code of 1961 or Criminal Code
11of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
1212-15, or 12-16 of the Criminal Code of 1961.
13 (0.15) If a juvenile law enforcement record meets paragraph
14(a) of subsection (0.1) of this Section, a juvenile law
15enforcement record created:
16 (1) prior to January 1, 2018, but on or after January
17 1, 2013 shall be automatically expunged prior to January 1,
18 2020;
19 (2) prior to January 1, 2013, but on or after January
20 1, 2000, shall be automatically expunged prior to January
21 1, 2023; and
22 (3) prior to January 1, 2000 shall not be subject to
23 the automatic expungement provisions of this Act.
24Nothing in this subsection (0.15) shall be construed to
25restrict or modify an individual's right to have his or her
26juvenile law enforcement records expunged except as otherwise

HB3064- 179 -LRB101 10107 LNS 55210 b
1may be provided in this Act.
2 (0.2) (a) Upon dismissal of a petition alleging delinquency
3or upon a finding of not delinquent, the successful termination
4of an order of supervision, or the successful termination of an
5adjudication for an offense which would be a Class B
6misdemeanor, Class C misdemeanor, or a petty or business
7offense if committed by an adult, the court shall automatically
8order the expungement of the juvenile court records and
9juvenile law enforcement records. The clerk shall deliver a
10certified copy of the expungement order to the Department of
11State Police and the arresting agency. Upon request, the
12State's Attorney shall furnish the name of the arresting
13agency. The expungement shall be completed within 60 business
14days after the receipt of the expungement order.
15 (b) If the chief law enforcement officer of the agency, or
16his or her designee, certifies in writing that certain
17information is needed for a pending investigation involving the
18commission of a felony, that information, and information
19identifying the juvenile, may be retained until the statute of
20limitations for the felony has expired. If the chief law
21enforcement officer of the agency, or his or her designee,
22certifies in writing that certain information is needed with
23respect to an internal investigation of any law enforcement
24office, that information and information identifying the
25juvenile may be retained within an intelligence file until the
26investigation is terminated or the disciplinary action,

HB3064- 180 -LRB101 10107 LNS 55210 b
1including appeals, has been completed, whichever is later.
2Retention of a portion of a juvenile's law enforcement record
3does not disqualify the remainder of his or her record from
4immediate automatic expungement.
5 (0.3) (a) Upon an adjudication of delinquency based on any
6offense except a disqualified offense, the juvenile court shall
7automatically order the expungement of the juvenile court and
8law enforcement records 2 years after the juvenile's case was
9closed if no delinquency or criminal proceeding is pending and
10the person has had no subsequent delinquency adjudication or
11criminal conviction. The clerk shall deliver a certified copy
12of the expungement order to the Department of State Police and
13the arresting agency. Upon request, the State's Attorney shall
14furnish the name of the arresting agency. The expungement shall
15be completed within 60 business days after the receipt of the
16expungement order. In this subsection (0.3), "disqualified
17offense" means any of the following offenses: Section 8-1.2,
189-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1,
1910-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
2011-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2,
2112-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5,
2218-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2,
2324-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9,
2429D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal
25Code of 2012, or subsection (b) of Section 8-1, paragraph (4)
26of subsection (a) of Section 11-14.4, subsection (a-5) of

HB3064- 181 -LRB101 10107 LNS 55210 b
1Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of
2Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,
3paragraph (1) or (2) of subsection (a) of Section 12-7.4,
4subparagraph (i) of paragraph (1) of subsection (a) of Section
512-9, subparagraph (H) of paragraph (3) of subsection (a) of
6Section 24-1.6, paragraph (1) of subsection (a) of Section
725-1, or subsection (a-7) of Section 31-1 of the Criminal Code
8of 2012.
9 (b) If the chief law enforcement officer of the agency, or
10his or her designee, certifies in writing that certain
11information is needed for a pending investigation involving the
12commission of a felony, that information, and information
13identifying the juvenile, may be retained in an intelligence
14file until the investigation is terminated or for one
15additional year, whichever is sooner. Retention of a portion of
16a juvenile's juvenile law enforcement record does not
17disqualify the remainder of his or her record from immediate
18automatic expungement.
19 (0.4) Automatic expungement for the purposes of this
20Section shall not require law enforcement agencies to
21obliterate or otherwise destroy juvenile law enforcement
22records that would otherwise need to be automatically expunged
23under this Act, except after 2 years following the subject
24arrest for purposes of use in civil litigation against a
25governmental entity or its law enforcement agency or personnel
26which created, maintained, or used the records. However these

HB3064- 182 -LRB101 10107 LNS 55210 b
1juvenile law enforcement records shall be considered expunged
2for all other purposes during this period and the offense,
3which the records or files concern, shall be treated as if it
4never occurred as required under Section 5-923.
5 (0.5) Subsection (0.1) or (0.2) of this Section does not
6apply to violations of traffic, boating, fish and game laws, or
7county or municipal ordinances.
8 (0.6) Juvenile law enforcement records of a plaintiff who
9has filed civil litigation against the governmental entity or
10its law enforcement agency or personnel that created,
11maintained, or used the records or juvenile law enforcement
12records that contain information related to the allegations set
13forth in the civil litigation may not be expunged until after 2
14years have elapsed after the conclusion of the lawsuit,
15including any appeal.
16 (0.7) Officer-worn body camera recordings shall not be
17automatically expunged except as otherwise authorized by the
18Law Enforcement Officer-Worn Body Camera Act.
19 (1) Whenever a person has been arrested, charged, or
20adjudicated delinquent for an incident occurring before his or
21her 18th birthday that if committed by an adult would be an
22offense, and that person's juvenile law enforcement and
23juvenile court records are not eligible for automatic
24expungement under subsection (0.1), (0.2), or (0.3), the person
25may petition the court at any time for expungement of juvenile
26law enforcement records and juvenile court records relating to

HB3064- 183 -LRB101 10107 LNS 55210 b
1the incident and, upon termination of all juvenile court
2proceedings relating to that incident, the court shall order
3the expungement of all records in the possession of the
4Department of State Police, the clerk of the circuit court, and
5law enforcement agencies relating to the incident, but only in
6any of the following circumstances:
7 (a) the minor was arrested and no petition for
8 delinquency was filed with the clerk of the circuit court;
9 (a-5) the minor was charged with an offense and the
10 petition or petitions were dismissed without a finding of
11 delinquency;
12 (b) the minor was charged with an offense and was found
13 not delinquent of that offense;
14 (c) the minor was placed under supervision under
15 Section 5-615, and the order of supervision has since been
16 successfully terminated; or
17 (d) the minor was adjudicated for an offense which
18 would be a Class B misdemeanor, Class C misdemeanor, or a
19 petty or business offense if committed by an adult.
20 (1.5) The Department of State Police shall allow a person
21to use the Access and Review process, established in the
22Department of State Police, for verifying that his or her
23juvenile law enforcement records relating to incidents
24occurring before his or her 18th birthday eligible under this
25Act have been expunged.
26 (1.6) (Blank).

HB3064- 184 -LRB101 10107 LNS 55210 b
1 (1.7) (Blank).
2 (1.8) (Blank).
3 (2) Any person whose delinquency adjudications are not
4eligible for automatic expungement under subsection (0.3) of
5this Section may petition the court to expunge all juvenile law
6enforcement records relating to any incidents occurring before
7his or her 18th birthday which did not result in proceedings in
8criminal court and all juvenile court records with respect to
9any adjudications except those based upon first degree murder
10or an offense under Article 11 of the Criminal Code of 2012 if
11the person is required to register under the Sex Offender
12Registration Act at the time he or she petitions the court for
13expungement; provided that:
14 (a) (blank); or
15 (b) 2 years have elapsed since all juvenile court
16 proceedings relating to him or her have been terminated and
17 his or her commitment to the Department of Juvenile Justice
18 under this Act has been terminated.
19 (2.5) If a minor is arrested and no petition for
20delinquency is filed with the clerk of the circuit court at the
21time the minor is released from custody, the youth officer, if
22applicable, or other designated person from the arresting
23agency, shall notify verbally and in writing to the minor or
24the minor's parents or guardians that the minor shall have an
25arrest record and shall provide the minor and the minor's
26parents or guardians with an expungement information packet,

HB3064- 185 -LRB101 10107 LNS 55210 b
1information regarding this State's expungement laws including
2a petition to expunge juvenile law enforcement and juvenile
3court records obtained from the clerk of the circuit court.
4 (2.6) If a minor is referred to court then at the time of
5sentencing or dismissal of the case, or successful completion
6of supervision, the judge shall inform the delinquent minor of
7his or her rights regarding expungement and the clerk of the
8circuit court shall provide an expungement information packet
9to the minor, written in plain language, including information
10regarding this State's expungement laws and a petition for
11expungement, a sample of a completed petition, expungement
12instructions that shall include information informing the
13minor that (i) once the case is expunged, it shall be treated
14as if it never occurred, (ii) he or she may apply to have
15petition fees waived, (iii) once he or she obtains an
16expungement, he or she may not be required to disclose that he
17or she had a juvenile law enforcement or juvenile court record,
18and (iv) if petitioning he or she may file the petition on his
19or her own or with the assistance of an attorney. The failure
20of the judge to inform the delinquent minor of his or her right
21to petition for expungement as provided by law does not create
22a substantive right, nor is that failure grounds for: (i) a
23reversal of an adjudication of delinquency, (ii) a new trial;
24or (iii) an appeal.
25 (2.7) (Blank).
26 (2.8) (Blank).

HB3064- 186 -LRB101 10107 LNS 55210 b
1 (3) (Blank).
2 (3.1) (Blank).
3 (3.2) (Blank).
4 (3.3) (Blank).
5 (4) (Blank).
6 (5) (Blank).
7 (5.5) Whether or not expunged, records eligible for
8automatic expungement under subdivision (0.1)(a), (0.2)(a), or
9(0.3)(a) may be treated as expunged by the person who is the
10subject of the records.
11 (6) (Blank).
12 (6.5) The Department of State Police or any employee of the
13Department shall be immune from civil or criminal liability for
14failure to expunge any records of arrest that are subject to
15expungement under this Section because of inability to verify a
16record. Nothing in this Section shall create Department of
17State Police liability or responsibility for the expungement of
18juvenile law enforcement records it does not possess.
19 (7) (Blank).
20 (7.5) (Blank).
21 (8)(a) (Blank).
22 (b) (Blank).
23 (c) The expungement of juvenile law enforcement or juvenile
24court records under subsection (0.1), (0.2), or (0.3) of this
25Section shall be funded by the additional fine imposed under
26Section 5-9-1.17 of the Unified Code of Corrections.

HB3064- 187 -LRB101 10107 LNS 55210 b
1 (9) (Blank).
2 (10) (Blank).
3(Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17;
4100-201, eff. 8-18-17; 100-285, eff. 1-1-18; 100-720, eff.
58-3-18; 100-863, eff. 8-14-18; 100-1162, eff. 12-20-18.)
6 (Text of Section after amendment by P.A. 100-987)
7 Sec. 5-915. Expungement of juvenile law enforcement and
8juvenile court records.
9 (0.05) (Blank).
10 (0.1) (a) The Department of State Police and all law
11enforcement agencies within the State shall automatically
12expunge, on or before January 1 of each year, all juvenile law
13enforcement records relating to events occurring before an
14individual's 18th birthday if:
15 (1) one year or more has elapsed since the date of the
16 arrest or law enforcement interaction documented in the
17 records;
18 (2) no petition for delinquency or criminal charges
19 were filed with the clerk of the circuit court relating to
20 the arrest or law enforcement interaction documented in the
21 records; and
22 (3) 6 months have elapsed since the date of the arrest
23 without an additional subsequent arrest or filing of a
24 petition for delinquency or criminal charges whether
25 related or not to the arrest or law enforcement interaction

HB3064- 188 -LRB101 10107 LNS 55210 b
1 documented in the records.
2 (b) If the law enforcement agency is unable to verify
3satisfaction of conditions (2) and (3) of this subsection
4(0.1), records that satisfy condition (1) of this subsection
5(0.1) shall be automatically expunged if the records relate to
6an offense that if committed by an adult would not be an
7offense classified as Class 2 felony or higher, an offense
8under Article 11 of the Criminal Code of 1961 or Criminal Code
9of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
1012-15, or 12-16 of the Criminal Code of 1961.
11 (0.15) If a juvenile law enforcement record meets paragraph
12(a) of subsection (0.1) of this Section, a juvenile law
13enforcement record created:
14 (1) prior to January 1, 2018, but on or after January
15 1, 2013 shall be automatically expunged prior to January 1,
16 2020;
17 (2) prior to January 1, 2013, but on or after January
18 1, 2000, shall be automatically expunged prior to January
19 1, 2023; and
20 (3) prior to January 1, 2000 shall not be subject to
21 the automatic expungement provisions of this Act.
22Nothing in this subsection (0.15) shall be construed to
23restrict or modify an individual's right to have his or her
24juvenile law enforcement records expunged except as otherwise
25may be provided in this Act.
26 (0.2) (a) Upon dismissal of a petition alleging delinquency

HB3064- 189 -LRB101 10107 LNS 55210 b
1or upon a finding of not delinquent, the successful termination
2of an order of supervision, or the successful termination of an
3adjudication for an offense which would be a Class B
4misdemeanor, Class C misdemeanor, or a petty or business
5offense if committed by an adult, the court shall automatically
6order the expungement of the juvenile court records and
7juvenile law enforcement records. The clerk shall deliver a
8certified copy of the expungement order to the Department of
9State Police and the arresting agency. Upon request, the
10State's Attorney shall furnish the name of the arresting
11agency. The expungement shall be completed within 60 business
12days after the receipt of the expungement order.
13 (b) If the chief law enforcement officer of the agency, or
14his or her designee, certifies in writing that certain
15information is needed for a pending investigation involving the
16commission of a felony, that information, and information
17identifying the juvenile, may be retained until the statute of
18limitations for the felony has run. If the chief law
19enforcement officer of the agency, or his or her designee,
20certifies in writing that certain information is needed with
21respect to an internal investigation of any law enforcement
22office, that information and information identifying the
23juvenile may be retained within an intelligence file until the
24investigation is terminated or the disciplinary action,
25including appeals, has been completed, whichever is later.
26Retention of a portion of a juvenile's law enforcement record

HB3064- 190 -LRB101 10107 LNS 55210 b
1does not disqualify the remainder of his or her record from
2immediate automatic expungement.
3 (0.3) (a) Upon an adjudication of delinquency based on any
4offense except a disqualified offense, the juvenile court shall
5automatically order the expungement of the juvenile court and
6law enforcement records 2 years after the juvenile's case was
7closed if no delinquency or criminal proceeding is pending and
8the person has had no subsequent delinquency adjudication or
9criminal conviction. The clerk shall deliver a certified copy
10of the expungement order to the Department of State Police and
11the arresting agency. Upon request, the State's Attorney shall
12furnish the name of the arresting agency. The expungement shall
13be completed within 60 business days after the receipt of the
14expungement order. In this subsection (0.3), "disqualified
15offense" means any of the following offenses: Section 8-1.2,
169-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1,
1710-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
1811-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2,
1912-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5,
2018-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2,
2124-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9,
2229D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal
23Code of 2012, or subsection (b) of Section 8-1, paragraph (4)
24of subsection (a) of Section 11-14.4, subsection (a-5) of
25Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of
26Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,

HB3064- 191 -LRB101 10107 LNS 55210 b
1paragraph (1) or (2) of subsection (a) of Section 12-7.4,
2subparagraph (i) of paragraph (1) of subsection (a) of Section
312-9, subparagraph (H) of paragraph (3) of subsection (a) of
4Section 24-1.6, paragraph (1) of subsection (a) of Section
525-1, or subsection (a-7) of Section 31-1 of the Criminal Code
6of 2012.
7 (b) If the chief law enforcement officer of the agency, or
8his or her designee, certifies in writing that certain
9information is needed for a pending investigation involving the
10commission of a felony, that information, and information
11identifying the juvenile, may be retained in an intelligence
12file until the investigation is terminated or for one
13additional year, whichever is sooner. Retention of a portion of
14a juvenile's juvenile law enforcement record does not
15disqualify the remainder of his or her record from immediate
16automatic expungement.
17 (0.4) Automatic expungement for the purposes of this
18Section shall not require law enforcement agencies to
19obliterate or otherwise destroy juvenile law enforcement
20records that would otherwise need to be automatically expunged
21under this Act, except after 2 years following the subject
22arrest for purposes of use in civil litigation against a
23governmental entity or its law enforcement agency or personnel
24which created, maintained, or used the records. However these
25juvenile law enforcement records shall be considered expunged
26for all other purposes during this period and the offense,

HB3064- 192 -LRB101 10107 LNS 55210 b
1which the records or files concern, shall be treated as if it
2never occurred as required under Section 5-923.
3 (0.5) Subsection (0.1) or (0.2) of this Section does not
4apply to violations of traffic, boating, fish and game laws, or
5county or municipal ordinances.
6 (0.6) Juvenile law enforcement records of a plaintiff who
7has filed civil litigation against the governmental entity or
8its law enforcement agency or personnel that created,
9maintained, or used the records, or juvenile law enforcement
10records that contain information related to the allegations set
11forth in the civil litigation may not be expunged until after 2
12years have elapsed after the conclusion of the lawsuit,
13including any appeal.
14 (0.7) Officer-worn body camera recordings shall not be
15automatically expunged except as otherwise authorized by the
16Law Enforcement Officer-Worn Body Camera Act.
17 (1) Whenever a person has been arrested, charged, or
18adjudicated delinquent for an incident occurring before his or
19her 18th birthday that if committed by an adult would be an
20offense, and that person's juvenile law enforcement and
21juvenile court records are not eligible for automatic
22expungement under subsection (0.1), (0.2), or (0.3), the person
23may petition the court at any time for expungement of juvenile
24law enforcement records and juvenile court records relating to
25the incident and, upon termination of all juvenile court
26proceedings relating to that incident, the court shall order

HB3064- 193 -LRB101 10107 LNS 55210 b
1the expungement of all records in the possession of the
2Department of State Police, the clerk of the circuit court, and
3law enforcement agencies relating to the incident, but only in
4any of the following circumstances:
5 (a) the minor was arrested and no petition for
6 delinquency was filed with the clerk of the circuit court;
7 (a-5) the minor was charged with an offense and the
8 petition or petitions were dismissed without a finding of
9 delinquency;
10 (b) the minor was charged with an offense and was found
11 not delinquent of that offense;
12 (c) the minor was placed under supervision under
13 Section 5-615, and the order of supervision has since been
14 successfully terminated; or
15 (d) the minor was adjudicated for an offense which
16 would be a Class B misdemeanor, Class C misdemeanor, or a
17 petty or business offense if committed by an adult.
18 (1.5) The Department of State Police shall allow a person
19to use the Access and Review process, established in the
20Department of State Police, for verifying that his or her
21juvenile law enforcement records relating to incidents
22occurring before his or her 18th birthday eligible under this
23Act have been expunged.
24 (1.6) (Blank).
25 (1.7) (Blank).
26 (1.8) (Blank).

HB3064- 194 -LRB101 10107 LNS 55210 b
1 (2) Any person whose delinquency adjudications are not
2eligible for automatic expungement under subsection (0.3) of
3this Section may petition the court to expunge all juvenile law
4enforcement records relating to any incidents occurring before
5his or her 18th birthday which did not result in proceedings in
6criminal court and all juvenile court records with respect to
7any adjudications except those based upon first degree murder
8or an offense under Article 11 of the Criminal Code of 2012 if
9the person is required to register under the Sex Offender
10Registration Act at the time he or she petitions the court for
11expungement; provided that:
12 (a) (blank); or
13 (b) 2 years have elapsed since all juvenile court
14 proceedings relating to him or her have been terminated and
15 his or her commitment to the Department of Juvenile Justice
16 under this Act has been terminated.
17 (2.5) If a minor is arrested and no petition for
18delinquency is filed with the clerk of the circuit court at the
19time the minor is released from custody, the youth officer, if
20applicable, or other designated person from the arresting
21agency, shall notify verbally and in writing to the minor or
22the minor's parents or guardians that the minor shall have an
23arrest record and shall provide the minor and the minor's
24parents or guardians with an expungement information packet,
25information regarding this State's expungement laws including
26a petition to expunge juvenile law enforcement and juvenile

HB3064- 195 -LRB101 10107 LNS 55210 b
1court records obtained from the clerk of the circuit court.
2 (2.6) If a minor is referred to court then at the time of
3sentencing or dismissal of the case, or successful completion
4of supervision, the judge shall inform the delinquent minor of
5his or her rights regarding expungement and the clerk of the
6circuit court shall provide an expungement information packet
7to the minor, written in plain language, including information
8regarding this State's expungement laws and a petition for
9expungement, a sample of a completed petition, expungement
10instructions that shall include information informing the
11minor that (i) once the case is expunged, it shall be treated
12as if it never occurred, (ii) he or she may apply to have
13petition fees waived, (iii) once he or she obtains an
14expungement, he or she may not be required to disclose that he
15or she had a juvenile law enforcement or juvenile court record,
16and (iv) if petitioning he or she may file the petition on his
17or her own or with the assistance of an attorney. The failure
18of the judge to inform the delinquent minor of his or her right
19to petition for expungement as provided by law does not create
20a substantive right, nor is that failure grounds for: (i) a
21reversal of an adjudication of delinquency, (ii) a new trial;
22or (iii) an appeal.
23 (2.7) (Blank).
24 (2.8) (Blank).
25 (3) (Blank).
26 (3.1) (Blank).

HB3064- 196 -LRB101 10107 LNS 55210 b
1 (3.2) (Blank).
2 (3.3) (Blank).
3 (4) (Blank).
4 (5) (Blank).
5 (5.5) Whether or not expunged, records eligible for
6automatic expungement under subdivision (0.1)(a), (0.2)(a), or
7(0.3)(a) may be treated as expunged by the individual subject
8to the records.
9 (6) (Blank).
10 (6.5) The Department of State Police or any employee of the
11Department shall be immune from civil or criminal liability for
12failure to expunge any records of arrest that are subject to
13expungement under this Section because of inability to verify a
14record. Nothing in this Section shall create Department of
15State Police liability or responsibility for the expungement of
16juvenile law enforcement records it does not possess.
17 (7) (Blank).
18 (7.5) (Blank).
19 (8)(a) (Blank).
20 (b) (Blank).
21 (c) The expungement of juvenile law enforcement or juvenile
22court records under subsection (0.1), (0.2), or (0.3) of this
23Section shall be funded by the additional fine imposed under
24Section 5-9-1.17 of the Unified Code of Corrections
25appropriation by the General Assembly for that purpose.
26 (9) (Blank).

HB3064- 197 -LRB101 10107 LNS 55210 b
1 (10) (Blank).
2(Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17;
3100-201, eff. 8-18-17; 100-285, eff. 1-1-18; 100-720, eff.
48-3-18; 100-863, eff. 8-14-18; 100-987, eff. 7-1-19; 100-1162,
5eff. 12-20-18.)
6 Section 105. The Criminal Code of 2012 is amended by
7changing Section 12-3.4 as follows:
8 (720 ILCS 5/12-3.4) (was 720 ILCS 5/12-30)
9 Sec. 12-3.4. Violation of an order of protection.
10 (a) A person commits violation of an order of protection
11if:
12 (1) He or she knowingly commits an act which was
13 prohibited by a court or fails to commit an act which was
14 ordered by a court in violation of:
15 (i) a remedy in a valid order of protection
16 authorized under paragraphs (1), (2), (3), (14), or
17 (14.5) of subsection (b) of Section 214 of the Illinois
18 Domestic Violence Act of 1986,
19 (ii) a remedy, which is substantially similar to
20 the remedies authorized under paragraphs (1), (2),
21 (3), (14) or (14.5) of subsection (b) of Section 214 of
22 the Illinois Domestic Violence Act of 1986, in a valid
23 order of protection, which is authorized under the laws
24 of another state, tribe or United States territory,

HB3064- 198 -LRB101 10107 LNS 55210 b
1 (iii) any other remedy when the act constitutes a
2 crime against the protected parties as the term
3 protected parties is defined in Section 112A-4 of the
4 Code of Criminal Procedure of 1963; and
5 (2) Such violation occurs after the offender has been
6 served notice of the contents of the order, pursuant to the
7 Illinois Domestic Violence Act of 1986 or any substantially
8 similar statute of another state, tribe or United States
9 territory, or otherwise has acquired actual knowledge of
10 the contents of the order.
11 An order of protection issued by a state, tribal or
12territorial court related to domestic or family violence shall
13be deemed valid if the issuing court had jurisdiction over the
14parties and matter under the law of the state, tribe or
15territory. There shall be a presumption of validity where an
16order is certified and appears authentic on its face. For
17purposes of this Section, an "order of protection" may have
18been issued in a criminal or civil proceeding.
19 (a-5) Failure to provide reasonable notice and opportunity
20to be heard shall be an affirmative defense to any charge or
21process filed seeking enforcement of a foreign order of
22protection.
23 (b) Nothing in this Section shall be construed to diminish
24the inherent authority of the courts to enforce their lawful
25orders through civil or criminal contempt proceedings.
26 (c) The limitations placed on law enforcement liability by

HB3064- 199 -LRB101 10107 LNS 55210 b
1Section 305 of the Illinois Domestic Violence Act of 1986 apply
2to actions taken under this Section.
3 (d) Violation of an order of protection is a Class A
4misdemeanor. Violation of an order of protection is a Class 4
5felony if the defendant has any prior conviction under this
6Code for domestic battery (Section 12-3.2) or violation of an
7order of protection (Section 12-3.4 or 12-30) or any prior
8conviction under the law of another jurisdiction for an offense
9that could be charged in this State as a domestic battery or
10violation of an order of protection. Violation of an order of
11protection is a Class 4 felony if the defendant has any prior
12conviction under this Code for first degree murder (Section
139-1), attempt to commit first degree murder (Section 8-4),
14aggravated domestic battery (Section 12-3.3), aggravated
15battery (Section 12-3.05 or 12-4), heinous battery (Section
1612-4.1), aggravated battery with a firearm (Section 12-4.2),
17aggravated battery with a machine gun or a firearm equipped
18with a silencer (Section 12-4.2-5), aggravated battery of a
19child (Section 12-4.3), aggravated battery of an unborn child
20(subsection (a-5) of Section 12-3.1, or Section 12-4.4),
21aggravated battery of a senior citizen (Section 12-4.6),
22stalking (Section 12-7.3), aggravated stalking (Section
2312-7.4), criminal sexual assault (Section 11-1.20 or 12-13),
24aggravated criminal sexual assault (Section 11-1.30 or 12-14),
25kidnapping (Section 10-1), aggravated kidnapping (Section
2610-2), predatory criminal sexual assault of a child (Section

HB3064- 200 -LRB101 10107 LNS 55210 b
111-1.40 or 12-14.1), aggravated criminal sexual abuse (Section
211-1.60 or 12-16), unlawful restraint (Section 10-3),
3aggravated unlawful restraint (Section 10-3.1), aggravated
4arson (Section 20-1.1), aggravated discharge of a firearm
5(Section 24-1.2), or a violation of any former law of this
6State that is substantially similar to any listed offense, or
7any prior conviction under the law of another jurisdiction for
8an offense that could be charged in this State as one of the
9offenses listed in this Section, when any of these offenses
10have been committed against a family or household member as
11defined in Section 112A-3 of the Code of Criminal Procedure of
121963. The court shall impose a minimum penalty of 24 hours
13imprisonment for defendant's second or subsequent violation of
14any order of protection; unless the court explicitly finds that
15an increased penalty or such period of imprisonment would be
16manifestly unjust. In addition to any other penalties, the
17court may order the defendant to pay a fine as authorized under
18Section 5-9-1 of the Unified Code of Corrections or to make
19restitution to the victim under Section 5-5-6 of the Unified
20Code of Corrections. In addition to any other penalties,
21including those imposed by Section 5-9-1.5 of the Unified Code
22of Corrections, the court shall impose an additional fine of
23$20 as authorized by Section 5-9-1.11 of the Unified Code of
24Corrections upon any person convicted of or placed on
25supervision for a violation of this Section. The additional
26fine shall be imposed for each violation of this Section.

HB3064- 201 -LRB101 10107 LNS 55210 b
1 (e) (Blank).
2 (f) A defendant who directed the actions of a third party
3to violate this Section, under the principles of accountability
4set forth in Article 5 of this Code, is guilty of violating
5this Section as if the same had been personally done by the
6defendant, without regard to the mental state of the third
7party acting at the direction of the defendant.
8(Source: P.A. 96-1551, Article 1, Section 5, eff. 7-1-11;
996-1551, Article 2, Section 1035, eff. 7-1-11; incorporates
1097-311, eff. 8-11-11; 97-919, eff. 8-10-12; 97-1109, eff.
111-1-13.)
12 Section 110. The Cannabis Control Act is amended by
13reenacting Section 10.3 as follows:
14 (720 ILCS 550/10.3) (from Ch. 56 1/2, par. 710.3)
15 Sec. 10.3. (a) Every person convicted of a violation of
16this Act, and every person placed on probation, conditional
17discharge, supervision or probation under Section 10 of this
18Act, shall be assessed for each offense a sum fixed at:
19 (1) $3,000 for a Class X felony;
20 (2) $2,000 for a Class 1 felony;
21 (3) $1,000 for a Class 2 felony;
22 (4) $500 for a Class 3 or Class 4 felony;
23 (5) $300 for a Class A misdemeanor;
24 (6) $200 for a Class B or Class C misdemeanor.

HB3064- 202 -LRB101 10107 LNS 55210 b
1 (b) The assessment under this Section is in addition to and
2not in lieu of any fines, restitution costs, forfeitures or
3other assessments authorized or required by law.
4 (c) As a condition of the assessment, the court may require
5that payment be made in specified installments or within a
6specified period of time. If the assessment is not paid within
7the period of probation, conditional discharge or supervision
8to which the defendant was originally sentenced, the court may
9extend the period of probation, conditional discharge or
10supervision pursuant to Section 5-6-2 or 5-6-3.1 of the Unified
11Code of Corrections, as applicable, until the assessment is
12paid or until successful completion of public or community
13service set forth in subsection (e) or the successful
14completion of the substance abuse intervention or treatment
15program set forth in subsection (f). If a term of probation,
16conditional discharge or supervision is not imposed, the
17assessment shall be payable upon judgment or as directed by the
18court.
19 (d) If an assessment for a violation of this Act is imposed
20on an organization, it is the duty of each individual
21authorized to make disbursements of the assets of the
22organization to pay the assessment from assets of the
23organization.
24 (e) A defendant who has been ordered to pay an assessment
25may petition the court to convert all or part of the assessment
26into court-approved public or community service. One hour of

HB3064- 203 -LRB101 10107 LNS 55210 b
1public or community service shall be equivalent to $4 of
2assessment. The performance of this public or community service
3shall be a condition of the probation, conditional discharge or
4supervision and shall be in addition to the performance of any
5other period of public or community service ordered by the
6court or required by law.
7 (f) The court may suspend the collection of the assessment
8imposed under this Section; provided the defendant agrees to
9enter a substance abuse intervention or treatment program
10approved by the court; and further provided that the defendant
11agrees to pay for all or some portion of the costs associated
12with the intervention or treatment program. In this case, the
13collection of the assessment imposed under this Section shall
14be suspended during the defendant's participation in the
15approved intervention or treatment program. Upon successful
16completion of the program, the defendant may apply to the court
17to reduce the assessment imposed under this Section by any
18amount actually paid by the defendant for his participation in
19the program. The court shall not reduce the penalty under this
20subsection unless the defendant establishes to the
21satisfaction of the court that he has successfully completed
22the intervention or treatment program. If the defendant's
23participation is for any reason terminated before his
24successful completion of the intervention or treatment
25program, collection of the entire assessment imposed under this
26Section shall be enforced. Nothing in this Section shall be

HB3064- 204 -LRB101 10107 LNS 55210 b
1deemed to affect or suspend any other fines, restitution costs,
2forfeitures or assessments imposed under this or any other Act.
3 (g) The court shall not impose more than one assessment per
4complaint, indictment or information. If the person is
5convicted of more than one offense in a complaint, indictment
6or information, the assessment shall be based on the highest
7class offense for which the person is convicted.
8 (h) All moneys collected under this Section shall be
9forwarded by the clerk of the circuit court to the State
10Treasurer for deposit in the Drug Treatment Fund and expended
11as provided in Section 411.2 of the Illinois Controlled
12Substances Act.
13(Source: P.A. 87-772.)
14 Section 115. The Illinois Controlled Substances Act is
15amended by changing Section 411.2 as follows:
16 (720 ILCS 570/411.2) (from Ch. 56 1/2, par. 1411.2)
17 Sec. 411.2. Drug Treatment Fund; drug treatment grants.
18 (a) (Blank). Every person convicted of a violation of this
19Act, and every person placed on probation, conditional
20discharge, supervision or probation under Section 410 of this
21Act, shall be assessed for each offense a sum fixed at:
22 (1) $3,000 for a Class X felony;
23 (2) $2,000 for a Class 1 felony;
24 (3) $1,000 for a Class 2 felony;

HB3064- 205 -LRB101 10107 LNS 55210 b
1 (4) $500 for a Class 3 or Class 4 felony;
2 (5) $300 for a Class A misdemeanor;
3 (6) $200 for a Class B or Class C misdemeanor.
4 (b) (Blank). The assessment under this Section is in
5addition to and not in lieu of any fines, restitution costs,
6forfeitures or other assessments authorized or required by law.
7 (c) (Blank). As a condition of the assessment, the court
8may require that payment be made in specified installments or
9within a specified period of time. If the assessment is not
10paid within the period of probation, conditional discharge or
11supervision to which the defendant was originally sentenced,
12the court may extend the period of probation, conditional
13discharge or supervision pursuant to Section 5-6-2 or 5-6-3.1
14of the Unified Code of Corrections, as applicable, until the
15assessment is paid or until successful completion of public or
16community service set forth in subsection (e) or the successful
17completion of the substance abuse intervention or treatment
18program set forth in subsection (f). If a term of probation,
19conditional discharge or supervision is not imposed, the
20assessment shall be payable upon judgment or as directed by the
21court.
22 (d) (Blank). If an assessment for a violation of this Act
23is imposed on an organization, it is the duty of each
24individual authorized to make disbursements of the assets of
25the organization to pay the assessment from assets of the
26organization.

HB3064- 206 -LRB101 10107 LNS 55210 b
1 (e) (Blank). A defendant who has been ordered to pay an
2assessment may petition the court to convert all or part of the
3assessment into court-approved public or community service.
4One hour of public or community service shall be equivalent to
5$4 of assessment. The performance of this public or community
6service shall be a condition of the probation, conditional
7discharge or supervision and shall be in addition to the
8performance of any other period of public or community service
9ordered by the court or required by law.
10 (f) (Blank). The court may suspend the collection of the
11assessment imposed under this Section; provided the defendant
12agrees to enter a substance abuse intervention or treatment
13program approved by the court; and further provided that the
14defendant agrees to pay for all or some portion of the costs
15associated with the intervention or treatment program. In this
16case, the collection of the assessment imposed under this
17Section shall be suspended during the defendant's
18participation in the approved intervention or treatment
19program. Upon successful completion of the program, the
20defendant may apply to the court to reduce the assessment
21imposed under this Section by any amount actually paid by the
22defendant for his or her participation in the program. The
23court shall not reduce the penalty under this subsection unless
24the defendant establishes to the satisfaction of the court that
25he or she has successfully completed the intervention or
26treatment program. If the defendant's participation is for any

HB3064- 207 -LRB101 10107 LNS 55210 b
1reason terminated before his or her successful completion of
2the intervention or treatment program, collection of the entire
3assessment imposed under this Section shall be enforced.
4Nothing in this Section shall be deemed to affect or suspend
5any other fines, restitution costs, forfeitures or assessments
6imposed under this or any other Act.
7 (g) (Blank). The court shall not impose more than one
8assessment per complaint, indictment or information. If the
9person is convicted of more than one offense in a complaint,
10indictment or information, the assessment shall be based on the
11highest class offense for which the person is convicted.
12 (h) The In counties under 3,000,000, all moneys collected
13under this Section shall be forwarded by the clerk of the
14circuit court to the State Treasurer for deposit in the Drug
15Treatment Fund, which is hereby established as a special fund
16within the State Treasury. The Department of Human Services may
17make grants to persons licensed under Section 15-10 of the
18Alcoholism and Other Drug Abuse and Dependency Act or to
19municipalities or counties from funds appropriated to the
20Department from the Drug Treatment Fund for the treatment of
21pregnant women who are addicted to alcohol, cannabis or
22controlled substances and for the needed care of minor,
23unemancipated children of women undergoing residential drug
24treatment. If the Department of Human Services grants funds to
25a municipality or a county that the Department determines is
26not experiencing a problem with pregnant women addicted to

HB3064- 208 -LRB101 10107 LNS 55210 b
1alcohol, cannabis or controlled substances, or with care for
2minor, unemancipated children of women undergoing residential
3drug treatment, or intervention, the funds shall be used for
4the treatment of any person addicted to alcohol, cannabis or
5controlled substances. The Department may adopt such rules as
6it deems appropriate for the administration of such grants.
7 (i) (Blank). In counties over 3,000,000, all moneys
8collected under this Section shall be forwarded to the County
9Treasurer for deposit into the County Health Fund. The County
10Treasurer shall, no later than the 15th day of each month,
11forward to the State Treasurer 30 percent of all moneys
12collected under this Act and received into the County Health
13Fund since the prior remittance to the State Treasurer. Funds
14retained by the County shall be used for community-based
15treatment of pregnant women who are addicted to alcohol,
16cannabis, or controlled substances or for the needed care of
17minor, unemancipated children of these women. Funds forwarded
18to the State Treasurer shall be deposited into the State Drug
19Treatment Fund maintained by the State Treasurer from which the
20Department of Human Services may make grants to persons
21licensed under Section 15-10 of the Alcoholism and Other Drug
22Abuse and Dependency Act or to municipalities or counties from
23funds appropriated to the Department from the Drug Treatment
24Fund, provided that the moneys collected from each county be
25returned proportionately to the counties through grants to
26licensees located within the county from which the assessment

HB3064- 209 -LRB101 10107 LNS 55210 b
1was received and moneys in the State Drug Treatment Fund shall
2not supplant other local, State or federal funds. If the
3Department of Human Services grants funds to a municipality or
4county that the Department determines is not experiencing a
5problem with pregnant women addicted to alcohol, cannabis or
6controlled substances, or with care for minor, unemancipated
7children or women undergoing residential drug treatment, the
8funds shall be used for the treatment of any person addicted to
9alcohol, cannabis or controlled substances. The Department may
10adopt such rules as it deems appropriate for the administration
11of such grants.
12(Source: P.A. 97-334, eff. 1-1-12.)
13 Section 120. The Illinois Controlled Substances Act is
14amended by reenacting Section 411.4 as follows:
15 (720 ILCS 570/411.4)
16 Sec. 411.4. Reimbursement of unit of government for
17emergency response.
18 (a) As used in this Section, "emergency response" means the
19act of collecting evidence from or securing a site where
20controlled substances were manufactured, or where by-products
21from the manufacture of controlled substances are present, and
22cleaning up the site, whether these actions are performed by
23public entities or private contractors paid by public entities.
24 (b) Every person convicted of violating Section 401, 407,

HB3064- 210 -LRB101 10107 LNS 55210 b
1or 407.2 of this Act whose violation proximately caused any
2incident resulting in an appropriate emergency response shall
3be liable for the expense of an emergency response and shall be
4assessed a fine of $750, payable to the circuit clerk, who
5shall distribute the money to the law enforcement agency that
6made the arrest. If the person has been previously convicted of
7violating Section 401, 407, or 407.2 of this Act, the fine
8shall be $1,000, and the circuit clerk shall distribute the
9money to the law enforcement agency that made the arrest. In
10the event that more than one agency is responsible for the
11arrest, the amount payable to law enforcement agencies shall be
12shared equally. Any moneys received by a law enforcement agency
13under this Section shall be used for law enforcement expenses.
14 Any moneys collected for the Illinois State Police shall be
15deposited into the Traffic and Criminal Conviction Surcharge
16Fund.
17(Source: P.A. 97-434, eff. 1-1-12.)
18 Section 125. The Methamphetamine Control and Community
19Protection Act is amended by changing Sections 80 and 90 as
20follows:
21 (720 ILCS 646/80)
22 Sec. 80. Drug treatment grants Assessment.
23 (a) (Blank). Every person convicted of a violation of this
24Act, and every person placed on probation, conditional

HB3064- 211 -LRB101 10107 LNS 55210 b
1discharge, supervision, or probation under this Act, shall be
2assessed for each offense a sum fixed at:
3 (1) $3,000 for a Class X felony;
4 (2) $2,000 for a Class 1 felony;
5 (3) $1,000 for a Class 2 felony;
6 (4) $500 for a Class 3 or Class 4 felony.
7 (b) (Blank). The assessment under this Section is in
8addition to and not in lieu of any fines, restitution, costs,
9forfeitures, or other assessments authorized or required by
10law.
11 (c) (Blank). As a condition of the assessment, the court
12may require that payment be made in specified installments or
13within a specified period of time. If the assessment is not
14paid within the period of probation, conditional discharge, or
15supervision to which the defendant was originally sentenced,
16the court may extend the period of probation, conditional
17discharge, or supervision pursuant to Section 5-6-2 or 5-6-3.1
18of the Unified Code of Corrections, as applicable, until the
19assessment is paid or until successful completion of public or
20community service set forth in subsection (e) or the successful
21completion of the substance abuse intervention or treatment
22program set forth in subsection (f). If a term of probation,
23conditional discharge, or supervision is not imposed, the
24assessment shall be payable upon judgment or as directed by the
25court.
26 (d) (Blank). If an assessment for a violation of this Act

HB3064- 212 -LRB101 10107 LNS 55210 b
1is imposed on an organization, it is the duty of each
2individual authorized to make disbursements of the assets of
3the organization to pay the assessment from assets of the
4organization.
5 (e) (Blank). A defendant who has been ordered to pay an
6assessment may petition the court to convert all or part of the
7assessment into court-approved public or community service.
8One hour of public or community service shall be equivalent to
9$4 of assessment. The performance of this public or community
10service shall be a condition of the probation, conditional
11discharge, or supervision and shall be in addition to the
12performance of any other period of public or community service
13ordered by the court or required by law.
14 (f) (Blank). The court may suspend the collection of the
15assessment imposed under this Section if the defendant agrees
16to enter a substance abuse intervention or treatment program
17approved by the court and the defendant agrees to pay for all
18or some portion of the costs associated with the intervention
19or treatment program. In this case, the collection of the
20assessment imposed under this Section shall be suspended during
21the defendant's participation in the approved intervention or
22treatment program. Upon successful completion of the program,
23the defendant may apply to the court to reduce the assessment
24imposed under this Section by any amount actually paid by the
25defendant for his or her participation in the program. The
26court shall not reduce the penalty under this subsection unless

HB3064- 213 -LRB101 10107 LNS 55210 b
1the defendant establishes to the satisfaction of the court that
2he or she has successfully completed the intervention or
3treatment program. If the defendant's participation is for any
4reason terminated before his or her successful completion of
5the intervention or treatment program, collection of the entire
6assessment imposed under this Section shall be enforced.
7Nothing in this Section shall be deemed to affect or suspend
8any other fines, restitution costs, forfeitures, or
9assessments imposed under this or any other Act.
10 (g) (Blank). The court shall not impose more than one
11assessment per complaint, indictment, or information. If the
12person is convicted of more than one offense in a complaint,
13indictment, or information, the assessment shall be based on
14the highest class offense for which the person is convicted.
15 (h) In counties with a population under 3,000,000, all
16moneys collected under this Section shall be forwarded by the
17clerk of the circuit court to the State Treasurer for deposit
18in the Drug Treatment Fund. The Department of Human Services
19may make grants to persons licensed under Section 15-10 of the
20Alcoholism and Other Drug Abuse and Dependency Act or to
21municipalities or counties from funds appropriated to the
22Department from the Drug Treatment Fund for the treatment of
23pregnant women who are addicted to alcohol, cannabis or
24controlled substances and for the needed care of minor,
25unemancipated children of women undergoing residential drug
26treatment. If the Department of Human Services grants funds to

HB3064- 214 -LRB101 10107 LNS 55210 b
1a municipality or a county that the Department determines is
2not experiencing a problem with pregnant women addicted to
3alcohol, cannabis or controlled substances, or with care for
4minor, unemancipated children of women undergoing residential
5drug treatment, or intervention, the funds shall be used for
6the treatment of any person addicted to alcohol, cannabis, or
7controlled substances. The Department may adopt such rules as
8it deems appropriate for the administration of such grants.
9 (i) (Blank). In counties with a population of 3,000,000 or
10more, all moneys collected under this Section shall be
11forwarded to the County Treasurer for deposit into the County
12Health Fund. The County Treasurer shall, no later than the 15th
13day of each month, forward to the State Treasurer 30 percent of
14all moneys collected under this Act and received into the
15County Health Fund since the prior remittance to the State
16Treasurer. Funds retained by the County shall be used for
17community-based treatment of pregnant women who are addicted to
18alcohol, cannabis, or controlled substances or for the needed
19care of minor, unemancipated children of these women. Funds
20forwarded to the State Treasurer shall be deposited into the
21State Drug Treatment Fund maintained by the State Treasurer
22from which the Department of Human Services may make grants to
23persons licensed under Section 15-10 of the Alcoholism and
24Other Drug Abuse and Dependency Act or to municipalities or
25counties from funds appropriated to the Department from the
26Drug Treatment Fund, provided that the moneys collected from

HB3064- 215 -LRB101 10107 LNS 55210 b
1each county be returned proportionately to the counties through
2grants to licensees located within the county from which the
3assessment was received and moneys in the State Drug Treatment
4Fund shall not supplant other local, State or federal funds. If
5the Department of Human Services grants funds to a municipality
6or county that the Department determines is not experiencing a
7problem with pregnant women addicted to alcohol, cannabis or
8controlled substances, or with care for minor, unemancipated
9children or women undergoing residential drug treatment, the
10funds shall be used for the treatment of any person addicted to
11alcohol, cannabis or controlled substances. The Department may
12adopt such rules as it deems appropriate for the administration
13of such grants.
14(Source: P.A. 94-556, eff. 9-11-05.)
15 (720 ILCS 646/90)
16 Sec. 90. Methamphetamine restitution.
17 (a) If a person commits a violation of this Act in a manner
18that requires an emergency response, the person shall be
19required to make restitution to all public entities involved in
20the emergency response, to cover the reasonable cost of their
21participation in the emergency response, including but not
22limited to regular and overtime costs incurred by local law
23enforcement agencies and private contractors paid by the public
24agencies in securing the site. The convicted person shall make
25this restitution in addition to any other fine or penalty

HB3064- 216 -LRB101 10107 LNS 55210 b
1required by law.
2 (b) Any restitution payments made under this Section shall
3be disbursed equitably by the circuit clerk in the following
4order:
5 (1) first, to the agency responsible for the mitigation
6 of the incident;
7 (2) second, to the local agencies involved in the
8 emergency response;
9 (3) third, to the State agencies involved in the
10 emergency response; and
11 (4) fourth, to the federal agencies involved in the
12 emergency response.
13 (c) In addition to any other penalties and liabilities, a
14person who is convicted of violating any Section of this Act,
15whose violation proximately caused any incident resulting in an
16appropriate emergency response, shall be assessed a fine of
17$2,500, payable to the circuit clerk, who shall distribute the
18money to the law enforcement agency responsible for the
19mitigation of the incident. If the person has been previously
20convicted of violating any Section of this Act, the fine shall
21be $5,000 and the circuit clerk shall distribute the money to
22the law enforcement agency responsible for the mitigation of
23the incident. In the event that more than one agency is
24responsible for an arrest which does not require mitigation,
25the amount payable to law enforcement agencies shall be shared
26equally. Any moneys received by a law enforcement agency under

HB3064- 217 -LRB101 10107 LNS 55210 b
1this Section shall be used for law enforcement expenses.
2 Any moneys collected for the Illinois State Police shall be
3remitted to the State Treasurer and deposited into the State
4Police Operations Assistance Fund Traffic and Criminal
5Conviction Surcharge Fund.
6(Source: P.A. 97-434, eff. 1-1-12.)
7 (725 ILCS 5/124A-20 rep.) (as added by Public Act 100-987)
8 Section 130. The Code of Criminal Procedure of 1963 is
9amended by repealing Section 124A-20, as added by Public Act
10100-987.
11 Section 135. The Violent Crime Victims Assistance Act is
12amended by changing Section 10 as follows:
13 (725 ILCS 240/10) (from Ch. 70, par. 510)
14 Sec. 10. Violent Crime Victims Assistance Fund.
15 (a) The "Violent Crime Victims Assistance Fund" is created
16as a special fund in the State Treasury to provide monies for
17the grants to be awarded under this Act.
18 (b) (Blank). When any person is convicted in Illinois of an
19offense listed below, or placed on supervision for that offense
20on or after July 1, 2012, the court shall impose the following
21fines:
22 (1) $100 for any felony;
23 (2) $50 for any offense under the Illinois Vehicle

HB3064- 218 -LRB101 10107 LNS 55210 b
1 Code, exclusive of offenses enumerated in paragraph (a)(2)
2 of Section 6-204 of that Code, and exclusive of any offense
3 enumerated in Article VI of Chapter 11 of that Code
4 relating to restrictions, regulations, and limitations on
5 the speed at which a motor vehicle is driven or operated;
6 and
7 (3) $75 for any misdemeanor, excluding a conservation
8 offense.
9 Notwithstanding any other provision of this Section, the
10penalty established in this Section shall be assessed for any
11violation of Section 11-601.5, 11-605.2, or 11-605.3 of the
12Illinois Vehicle Code.
13 The Clerk of the Circuit Court shall remit moneys collected
14under this subsection (b) within one month after receipt to the
15State Treasurer for deposit into the Violent Crime Victims
16Assistance Fund, except as provided in subsection (g) of this
17Section. Such additional penalty shall not be considered a part
18of the fine for purposes of any reduction made in the fine for
19time served either before or after sentencing. Not later than
20March 1 of each year the Clerk of the Circuit Court shall
21submit to the State Comptroller a report of the amount of funds
22remitted by him to the State Treasurer under this Section
23during the preceding calendar year.
24 (c) (Blank). The charge imposed by subsection (b) shall not
25be subject to the provisions of Section 110-14 of the Code of
26Criminal Procedure of 1963.

HB3064- 219 -LRB101 10107 LNS 55210 b
1 (d) Monies forfeited, and proceeds from the sale of
2property forfeited and seized, under the forfeiture provisions
3set forth in Part 500 of Article 124B of the Code of Criminal
4Procedure of 1963 shall be accepted for the Violent Crime
5Victims Assistance Fund.
6 (e) Investment income which is attributable to the
7investment of monies in the Violent Crime Victims Assistance
8Fund shall be credited to that fund for uses specified in this
9Act. The Treasurer shall provide the Attorney General a monthly
10status report on the amount of money in the Fund.
11 (f) Monies from the fund may be granted on and after July
121, 1984.
13 (g) (Blank). All amounts and charges imposed under this
14Section for any violation of Chapters 3, 4, 6, and 11 of the
15Illinois Vehicle Code, or a similar provision of a local
16ordinance, or any violation of the Child Passenger Protection
17Act, or a similar provision of a local ordinance, shall be
18collected and disbursed by the circuit clerk as provided under
19Section 27.5 of the Clerks of Courts Act.
20(Source: P.A. 96-712, eff. 1-1-10; 97-108, eff. 7-14-11;
2197-816, eff. 7-16-12.)
22 Section 140. The Unified Code of Corrections is amended by
23changing Sections 5-4-3, 5-4.5-50, 5-4.5-55, 5-4.5-60,
245-4.5-65, 5-4.5-75, 5-4.5-80, 5-5-3, 5-5-6, 5-6-1, 5-6-3,
255-6-3.1, 5-7-1, 5-9-1, 5-9-1.4, 5-9-1.7, 5-9-1.9, 5-9-1.11,

HB3064- 220 -LRB101 10107 LNS 55210 b
15-9-1.16, and 5-9-1.21 as follows:
2 (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
3 Sec. 5-4-3. Specimens; genetic marker groups.
4 (a) Any person convicted of, found guilty under the
5Juvenile Court Act of 1987 for, or who received a disposition
6of court supervision for, a qualifying offense or attempt of a
7qualifying offense, convicted or found guilty of any offense
8classified as a felony under Illinois law, convicted or found
9guilty of any offense requiring registration under the Sex
10Offender Registration Act, found guilty or given supervision
11for any offense classified as a felony under the Juvenile Court
12Act of 1987, convicted or found guilty of, under the Juvenile
13Court Act of 1987, any offense requiring registration under the
14Sex Offender Registration Act, or institutionalized as a
15sexually dangerous person under the Sexually Dangerous Persons
16Act, or committed as a sexually violent person under the
17Sexually Violent Persons Commitment Act shall, regardless of
18the sentence or disposition imposed, be required to submit
19specimens of blood, saliva, or tissue to the Illinois
20Department of State Police in accordance with the provisions of
21this Section, provided such person is:
22 (1) convicted of a qualifying offense or attempt of a
23 qualifying offense on or after July 1, 1990 and sentenced
24 to a term of imprisonment, periodic imprisonment, fine,
25 probation, conditional discharge or any other form of

HB3064- 221 -LRB101 10107 LNS 55210 b
1 sentence, or given a disposition of court supervision for
2 the offense;
3 (1.5) found guilty or given supervision under the
4 Juvenile Court Act of 1987 for a qualifying offense or
5 attempt of a qualifying offense on or after January 1,
6 1997;
7 (2) ordered institutionalized as a sexually dangerous
8 person on or after July 1, 1990;
9 (3) convicted of a qualifying offense or attempt of a
10 qualifying offense before July 1, 1990 and is presently
11 confined as a result of such conviction in any State
12 correctional facility or county jail or is presently
13 serving a sentence of probation, conditional discharge or
14 periodic imprisonment as a result of such conviction;
15 (3.5) convicted or found guilty of any offense
16 classified as a felony under Illinois law or found guilty
17 or given supervision for such an offense under the Juvenile
18 Court Act of 1987 on or after August 22, 2002;
19 (4) presently institutionalized as a sexually
20 dangerous person or presently institutionalized as a
21 person found guilty but mentally ill of a sexual offense or
22 attempt to commit a sexual offense; or
23 (4.5) ordered committed as a sexually violent person on
24 or after the effective date of the Sexually Violent Persons
25 Commitment Act.
26 (a-1) Any person incarcerated in a facility of the Illinois

HB3064- 222 -LRB101 10107 LNS 55210 b
1Department of Corrections or the Illinois Department of
2Juvenile Justice on or after August 22, 2002, whether for a
3term of years, natural life, or a sentence of death, who has
4not yet submitted a specimen of blood, saliva, or tissue shall
5be required to submit a specimen of blood, saliva, or tissue
6prior to his or her final discharge, or release on parole,
7aftercare release, or mandatory supervised release, as a
8condition of his or her parole, aftercare release, or mandatory
9supervised release, or within 6 months from August 13, 2009
10(the effective date of Public Act 96-426), whichever is sooner.
11A person incarcerated on or after August 13, 2009 (the
12effective date of Public Act 96-426) shall be required to
13submit a specimen within 45 days of incarceration, or prior to
14his or her final discharge, or release on parole, aftercare
15release, or mandatory supervised release, as a condition of his
16or her parole, aftercare release, or mandatory supervised
17release, whichever is sooner. These specimens shall be placed
18into the State or national DNA database, to be used in
19accordance with other provisions of this Section, by the
20Illinois State Police.
21 (a-2) Any person sentenced to life imprisonment in a
22facility of the Illinois Department of Corrections after the
23effective date of this amendatory Act of the 94th General
24Assembly or sentenced to death after the effective date of this
25amendatory Act of the 94th General Assembly shall be required
26to provide a specimen of blood, saliva, or tissue within 45

HB3064- 223 -LRB101 10107 LNS 55210 b
1days after sentencing or disposition at a collection site
2designated by the Illinois Department of State Police. Any
3person serving a sentence of life imprisonment in a facility of
4the Illinois Department of Corrections on the effective date of
5this amendatory Act of the 94th General Assembly or any person
6who is under a sentence of death on the effective date of this
7amendatory Act of the 94th General Assembly shall be required
8to provide a specimen of blood, saliva, or tissue upon request
9at a collection site designated by the Illinois Department of
10State Police.
11 (a-3) Any person seeking transfer to or residency in
12Illinois under Sections 3-3-11.05 through 3-3-11.5 of this
13Code, the Interstate Compact for Adult Offender Supervision, or
14the Interstate Agreements on Sexually Dangerous Persons Act
15shall be required to provide a specimen of blood, saliva, or
16tissue within 45 days after transfer to or residency in
17Illinois at a collection site designated by the Illinois
18Department of State Police.
19 (a-3.1) Any person required by an order of the court to
20submit a DNA specimen shall be required to provide a specimen
21of blood, saliva, or tissue within 45 days after the court
22order at a collection site designated by the Illinois
23Department of State Police.
24 (a-3.2) On or after January 1, 2012 (the effective date of
25Public Act 97-383), any person arrested for any of the
26following offenses, after an indictment has been returned by a

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1grand jury, or following a hearing pursuant to Section 109-3 of
2the Code of Criminal Procedure of 1963 and a judge finds there
3is probable cause to believe the arrestee has committed one of
4the designated offenses, or an arrestee has waived a
5preliminary hearing shall be required to provide a specimen of
6blood, saliva, or tissue within 14 days after such indictment
7or hearing at a collection site designated by the Illinois
8Department of State Police:
9 (A) first degree murder;
10 (B) home invasion;
11 (C) predatory criminal sexual assault of a child;
12 (D) aggravated criminal sexual assault; or
13 (E) criminal sexual assault.
14 (a-3.3) Any person required to register as a sex offender
15under the Sex Offender Registration Act, regardless of the date
16of conviction as set forth in subsection (c-5.2) shall be
17required to provide a specimen of blood, saliva, or tissue
18within the time period prescribed in subsection (c-5.2) at a
19collection site designated by the Illinois Department of State
20Police.
21 (a-5) Any person who was otherwise convicted of or received
22a disposition of court supervision for any other offense under
23the Criminal Code of 1961 or the Criminal Code of 2012 or who
24was found guilty or given supervision for such a violation
25under the Juvenile Court Act of 1987, may, regardless of the
26sentence imposed, be required by an order of the court to

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1submit specimens of blood, saliva, or tissue to the Illinois
2Department of State Police in accordance with the provisions of
3this Section.
4 (b) Any person required by paragraphs (a)(1), (a)(1.5),
5(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
6saliva, or tissue shall provide specimens of blood, saliva, or
7tissue within 45 days after sentencing or disposition at a
8collection site designated by the Illinois Department of State
9Police.
10 (c) Any person required by paragraphs (a)(3), (a)(4), and
11(a)(4.5) to provide specimens of blood, saliva, or tissue shall
12be required to provide such specimens prior to final discharge
13or within 6 months from August 13, 2009 (the effective date of
14Public Act 96-426), whichever is sooner. These specimens shall
15be placed into the State or national DNA database, to be used
16in accordance with other provisions of this Act, by the
17Illinois State Police.
18 (c-5) Any person required by paragraph (a-3) to provide
19specimens of blood, saliva, or tissue shall, where feasible, be
20required to provide the specimens before being accepted for
21conditioned residency in Illinois under the interstate compact
22or agreement, but no later than 45 days after arrival in this
23State.
24 (c-5.2) Unless it is determined that a registered sex
25offender has previously submitted a specimen of blood, saliva,
26or tissue that has been placed into the State DNA database, a

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1person registering as a sex offender shall be required to
2submit a specimen at the time of his or her initial
3registration pursuant to the Sex Offender Registration Act or,
4for a person registered as a sex offender on or prior to
5January 1, 2012 (the effective date of Public Act 97-383),
6within one year of January 1, 2012 (the effective date of
7Public Act 97-383) or at the time of his or her next required
8registration.
9 (c-6) The Illinois Department of State Police may determine
10which type of specimen or specimens, blood, saliva, or tissue,
11is acceptable for submission to the Division of Forensic
12Services for analysis. The Illinois Department of State Police
13may require the submission of fingerprints from anyone required
14to give a specimen under this Act.
15 (d) The Illinois Department of State Police shall provide
16all equipment and instructions necessary for the collection of
17blood specimens. The collection of specimens shall be performed
18in a medically approved manner. Only a physician authorized to
19practice medicine, a registered nurse or other qualified person
20trained in venipuncture may withdraw blood for the purposes of
21this Act. The specimens shall thereafter be forwarded to the
22Illinois Department of State Police, Division of Forensic
23Services, for analysis and categorizing into genetic marker
24groupings.
25 (d-1) The Illinois Department of State Police shall provide
26all equipment and instructions necessary for the collection of

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1saliva specimens. The collection of saliva specimens shall be
2performed in a medically approved manner. Only a person trained
3in the instructions promulgated by the Illinois State Police on
4collecting saliva may collect saliva for the purposes of this
5Section. The specimens shall thereafter be forwarded to the
6Illinois Department of State Police, Division of Forensic
7Services, for analysis and categorizing into genetic marker
8groupings.
9 (d-2) The Illinois Department of State Police shall provide
10all equipment and instructions necessary for the collection of
11tissue specimens. The collection of tissue specimens shall be
12performed in a medically approved manner. Only a person trained
13in the instructions promulgated by the Illinois State Police on
14collecting tissue may collect tissue for the purposes of this
15Section. The specimens shall thereafter be forwarded to the
16Illinois Department of State Police, Division of Forensic
17Services, for analysis and categorizing into genetic marker
18groupings.
19 (d-5) To the extent that funds are available, the Illinois
20Department of State Police shall contract with qualified
21personnel and certified laboratories for the collection,
22analysis, and categorization of known specimens, except as
23provided in subsection (n) of this Section.
24 (d-6) Agencies designated by the Illinois Department of
25State Police and the Illinois Department of State Police may
26contract with third parties to provide for the collection or

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1analysis of DNA, or both, of an offender's blood, saliva, and
2tissue specimens, except as provided in subsection (n) of this
3Section.
4 (e) The genetic marker groupings shall be maintained by the
5Illinois Department of State Police, Division of Forensic
6Services.
7 (f) The genetic marker grouping analysis information
8obtained pursuant to this Act shall be confidential and shall
9be released only to peace officers of the United States, of
10other states or territories, of the insular possessions of the
11United States, of foreign countries duly authorized to receive
12the same, to all peace officers of the State of Illinois and to
13all prosecutorial agencies, and to defense counsel as provided
14by Section 116-5 of the Code of Criminal Procedure of 1963. The
15genetic marker grouping analysis information obtained pursuant
16to this Act shall be used only for (i) valid law enforcement
17identification purposes and as required by the Federal Bureau
18of Investigation for participation in the National DNA
19database, (ii) technology validation purposes, (iii) a
20population statistics database, (iv) quality assurance
21purposes if personally identifying information is removed, (v)
22assisting in the defense of the criminally accused pursuant to
23Section 116-5 of the Code of Criminal Procedure of 1963, or
24(vi) identifying and assisting in the prosecution of a person
25who is suspected of committing a sexual assault as defined in
26Section 1a of the Sexual Assault Survivors Emergency Treatment

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1Act. Notwithstanding any other statutory provision to the
2contrary, all information obtained under this Section shall be
3maintained in a single State data base, which may be uploaded
4into a national database, and which information may be subject
5to expungement only as set forth in subsection (f-1).
6 (f-1) Upon receipt of notification of a reversal of a
7conviction based on actual innocence, or of the granting of a
8pardon pursuant to Section 12 of Article V of the Illinois
9Constitution, if that pardon document specifically states that
10the reason for the pardon is the actual innocence of an
11individual whose DNA record has been stored in the State or
12national DNA identification index in accordance with this
13Section by the Illinois Department of State Police, the DNA
14record shall be expunged from the DNA identification index, and
15the Department shall by rule prescribe procedures to ensure
16that the record and any specimens, analyses, or other documents
17relating to such record, whether in the possession of the
18Department or any law enforcement or police agency, or any
19forensic DNA laboratory, including any duplicates or copies
20thereof, are destroyed and a letter is sent to the court
21verifying the expungement is completed. For specimens required
22to be collected prior to conviction, unless the individual has
23other charges or convictions that require submission of a
24specimen, the DNA record for an individual shall be expunged
25from the DNA identification databases and the specimen
26destroyed upon receipt of a certified copy of a final court

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1order for each charge against an individual in which the charge
2has been dismissed, resulted in acquittal, or that the charge
3was not filed within the applicable time period. The Department
4shall by rule prescribe procedures to ensure that the record
5and any specimens in the possession or control of the
6Department are destroyed and a letter is sent to the court
7verifying the expungement is completed.
8 (f-5) Any person who intentionally uses genetic marker
9grouping analysis information, or any other information
10derived from a DNA specimen, beyond the authorized uses as
11provided under this Section, or any other Illinois law, is
12guilty of a Class 4 felony, and shall be subject to a fine of
13not less than $5,000.
14 (f-6) The Illinois Department of State Police may contract
15with third parties for the purposes of implementing this
16amendatory Act of the 93rd General Assembly, except as provided
17in subsection (n) of this Section. Any other party contracting
18to carry out the functions of this Section shall be subject to
19the same restrictions and requirements of this Section insofar
20as applicable, as the Illinois Department of State Police, and
21to any additional restrictions imposed by the Illinois
22Department of State Police.
23 (g) For the purposes of this Section, "qualifying offense"
24means any of the following:
25 (1) any violation or inchoate violation of Section
26 11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or

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1 12-16 of the Criminal Code of 1961 or the Criminal Code of
2 2012;
3 (1.1) any violation or inchoate violation of Section
4 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
5 18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of
6 1961 or the Criminal Code of 2012 for which persons are
7 convicted on or after July 1, 2001;
8 (2) any former statute of this State which defined a
9 felony sexual offense;
10 (3) (blank);
11 (4) any inchoate violation of Section 9-3.1, 9-3.4,
12 11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or
13 the Criminal Code of 2012; or
14 (5) any violation or inchoate violation of Article 29D
15 of the Criminal Code of 1961 or the Criminal Code of 2012.
16 (g-5) (Blank).
17 (h) The Illinois Department of State Police shall be the
18State central repository for all genetic marker grouping
19analysis information obtained pursuant to this Act. The
20Illinois Department of State Police may promulgate rules for
21the form and manner of the collection of blood, saliva, or
22tissue specimens and other procedures for the operation of this
23Act. The provisions of the Administrative Review Law shall
24apply to all actions taken under the rules so promulgated.
25 (i) (1) A person required to provide a blood, saliva, or
26 tissue specimen shall cooperate with the collection of the

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