Bill Text: IL HB3199 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Criminal and Traffic Assessment Act. Provides that the court shall order payment of $500 for a controlled substance trafficking violation to the State Treasurer for deposit into the State Board of Education Special Purpose Trust Fund, for the purpose of a grant program administered by the Illinois State Board of Education for primary and secondary schools to apply for a grant for drug prevention and mental health services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3199 Detail]
Download: Illinois-2019-HB3199-Introduced.html
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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal and Traffic Assessment Act is | ||||||||||||||||||||||||
5 | amended by changing Section 15-70 as follows:
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6 | (705 ILCS 135/15-70) | ||||||||||||||||||||||||
7 | (This Section may contain text from a Public Act with a | ||||||||||||||||||||||||
8 | delayed effective date )
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9 | (Section scheduled to be repealed on January 1, 2021) | ||||||||||||||||||||||||
10 | Sec. 15-70. Conditional assessments. In addition to | ||||||||||||||||||||||||
11 | payments under one of the Schedule of Assessments 1 through 13 | ||||||||||||||||||||||||
12 | of this Act, the court shall also order payment of any of the | ||||||||||||||||||||||||
13 | following conditional assessment amounts for each sentenced | ||||||||||||||||||||||||
14 | violation in the case to which a conditional assessment is | ||||||||||||||||||||||||
15 | applicable, which shall be collected and remitted by the Clerk | ||||||||||||||||||||||||
16 | of the Circuit Court as provided in this Section: | ||||||||||||||||||||||||
17 | (1) arson, residential arson, or aggravated arson, | ||||||||||||||||||||||||
18 | $500 per conviction to the State Treasurer for deposit into | ||||||||||||||||||||||||
19 | the Fire Prevention Fund; | ||||||||||||||||||||||||
20 | (2) child pornography under Section 11-20.1 of the | ||||||||||||||||||||||||
21 | Criminal Code of 1961 or the Criminal Code of 2012, $500 | ||||||||||||||||||||||||
22 | per conviction, unless more than one agency is responsible | ||||||||||||||||||||||||
23 | for the arrest in which case the amount shall be remitted |
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1 | to each unit of government equally: | ||||||
2 | (A) if the arresting agency is an agency of a unit | ||||||
3 | of local government, $500 to the treasurer of the unit | ||||||
4 | of local government for deposit into the unit of local | ||||||
5 | government's General Fund, except that if the | ||||||
6 | Department of State Police provides digital or | ||||||
7 | electronic forensic examination assistance, or both, | ||||||
8 | to the arresting agency then $100 to the State | ||||||
9 | Treasurer for deposit into the State Crime Laboratory | ||||||
10 | Fund; or | ||||||
11 | (B) if the arresting agency is the Department of | ||||||
12 | State Police, $500 to the State Treasurer for deposit | ||||||
13 | into the State Crime Laboratory Fund; | ||||||
14 | (3)
crime laboratory drug analysis for a drug-related | ||||||
15 | offense involving possession or delivery of cannabis or | ||||||
16 | possession or delivery of a controlled substance as defined | ||||||
17 | in the Cannabis Control Act, the Illinois Controlled | ||||||
18 | Substances Act, or the Methamphetamine Control and | ||||||
19 | Community Protection Act, $100 reimbursement for | ||||||
20 | laboratory analysis, as set forth in subsection (f) of | ||||||
21 | Section 5-9-1.4 of the Unified Code of Corrections; | ||||||
22 | (4)
DNA analysis, $250 on each conviction in which it | ||||||
23 | was used to the State Treasurer for deposit into the State | ||||||
24 | Offender DNA Identification System Fund as set forth in | ||||||
25 | Section 5-4-3 of the Unified Code of Corrections; | ||||||
26 | (5)
DUI analysis, $150 on each sentenced violation in |
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1 | which it was used as set forth in subsection (f) of Section | ||||||
2 | 5-9-1.9 of the Unified Code of Corrections; | ||||||
3 | (6) drug-related
offense involving possession or | ||||||
4 | delivery of cannabis or possession or delivery
of a | ||||||
5 | controlled substance, other than methamphetamine, as | ||||||
6 | defined in the Cannabis Control Act
or the Illinois | ||||||
7 | Controlled Substances Act, an amount not less than
the full | ||||||
8 | street value of the cannabis or controlled substance seized | ||||||
9 | for each conviction to be disbursed as follows: | ||||||
10 | (A) 12.5% of the street value assessment shall be | ||||||
11 | paid into the Youth Drug Abuse Prevention Fund, to be | ||||||
12 | used by the Department of Human Services for the | ||||||
13 | funding of programs and services for drug-abuse | ||||||
14 | treatment, and prevention and education services; | ||||||
15 | (B) 37.5% to the county in which the charge was | ||||||
16 | prosecuted, to be deposited into the county General | ||||||
17 | Fund; | ||||||
18 | (C) 50% to the treasurer of the arresting law | ||||||
19 | enforcement agency of the municipality or county, or to | ||||||
20 | the State Treasurer if the arresting agency was a state | ||||||
21 | agency; | ||||||
22 | (D) if the arrest was made in combination with | ||||||
23 | multiple law enforcement agencies, the clerk shall | ||||||
24 | equitably allocate the portion in subparagraph (C) of | ||||||
25 | this paragraph (6) among the law enforcement agencies | ||||||
26 | involved in the arrest; |
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1 | (6.5) Kane County or Will County, in felony, | ||||||
2 | misdemeanor, local or county ordinance, traffic, or | ||||||
3 | conservation cases, up to $30 as set by the county board | ||||||
4 | under Section 5-1101.3 of the Counties Code upon the entry | ||||||
5 | of a judgment of conviction, an order of supervision, or a | ||||||
6 | sentence of probation without entry of judgment under | ||||||
7 | Section 10 of the Cannabis Control Act, Section 410 of the | ||||||
8 | Illinois Controlled Substances Act, Section 70 of the | ||||||
9 | Methamphetamine Control and Community Protection Act, | ||||||
10 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of | ||||||
11 | the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
12 | Section 10-102 of the Illinois Alcoholism and Other Drug | ||||||
13 | Dependency Act, or Section 10 of the Steroid Control Act; | ||||||
14 | except in local or county ordinance, traffic, and | ||||||
15 | conservation cases, if fines are paid in full without a | ||||||
16 | court appearance, then the assessment shall not be imposed | ||||||
17 | or collected. Distribution of assessments collected under | ||||||
18 | this paragraph (6.5) shall be as provided in Section | ||||||
19 | 5-1101.3 of the Counties Code; | ||||||
20 | (7) methamphetamine-related
offense involving | ||||||
21 | possession or delivery of methamphetamine or any salt of an | ||||||
22 | optical isomer of methamphetamine or possession of a | ||||||
23 | methamphetamine manufacturing material as set forth in | ||||||
24 | Section 10 of the Methamphetamine Control and Community | ||||||
25 | Protection Act with the intent to manufacture a substance | ||||||
26 | containing methamphetamine or salt of an optical isomer of |
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1 | methamphetamine, an amount not less than
the full street | ||||||
2 | value of the methamphetamine or salt of an optical isomer | ||||||
3 | of methamphetamine or methamphetamine manufacturing | ||||||
4 | materials seized for each conviction to be disbursed as | ||||||
5 | follows: | ||||||
6 | (A) 12.5% of the street value assessment shall be | ||||||
7 | paid into the Youth Drug Abuse Prevention Fund, to be | ||||||
8 | used by the Department of Human Services for the | ||||||
9 | funding of programs and services for drug-abuse | ||||||
10 | treatment, and prevention and education services; | ||||||
11 | (B) 37.5% to the county in which the charge was | ||||||
12 | prosecuted, to be deposited into the county General | ||||||
13 | Fund; | ||||||
14 | (C) 50% to the treasurer of the arresting law | ||||||
15 | enforcement agency of the municipality or county, or to | ||||||
16 | the State Treasurer if the arresting agency was a state | ||||||
17 | agency; | ||||||
18 | (D) if the arrest was made in combination with | ||||||
19 | multiple law enforcement agencies, the clerk shall | ||||||
20 | equitably allocate the portion in subparagraph (C) of | ||||||
21 | this paragraph (6) among the law enforcement agencies | ||||||
22 | involved in the arrest; | ||||||
23 | (7.5) controlled substance trafficking violation under | ||||||
24 | Section 401.1 of the Illinois Controlled Substances Act, | ||||||
25 | $500 to the State Treasurer, for deposit into the State | ||||||
26 | Board of Education Special Purpose Trust Fund, for the |
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1 | purpose of a grant program administered by the Illinois | ||||||
2 | State Board of Education for primary and secondary schools | ||||||
3 | to apply for a grant for drug prevention and mental health | ||||||
4 | services; | ||||||
5 | (8)
order of protection violation under Section 12-3.4 | ||||||
6 | of the Criminal Code of 2012, $200 for each conviction to | ||||||
7 | the county treasurer for deposit into the Probation and | ||||||
8 | Court Services Fund for implementation of a domestic | ||||||
9 | violence surveillance program and any other assessments or | ||||||
10 | fees imposed under Section 5-9-1.16 of the Unified Code of | ||||||
11 | Corrections; | ||||||
12 | (9)
order of protection violation, $25 for each | ||||||
13 | violation to the State Treasurer, for deposit into the | ||||||
14 | Domestic Violence Abuser Services Fund; | ||||||
15 | (10)
prosecution by the State's Attorney of a: | ||||||
16 | (A) petty or business offense, $4 to the county | ||||||
17 | treasurer of which $2 deposited into the State's | ||||||
18 | Attorney Records Automation Fund and $2 into the Public | ||||||
19 | Defender Records Automation Fund; | ||||||
20 | (B) conservation or traffic offense, $2 to the | ||||||
21 | county treasurer for deposit into the State's Attorney | ||||||
22 | Records Automation Fund; | ||||||
23 | (11) speeding in a construction zone violation, $250 to | ||||||
24 | the State Treasurer for deposit into the Transportation | ||||||
25 | Safety Highway Hire-back Fund, unless (i) the violation | ||||||
26 | occurred on a highway other than an interstate highway and |
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1 | (ii) a county police officer wrote the ticket for the | ||||||
2 | violation, in which case to the county treasurer for | ||||||
3 | deposit into that county's Transportation Safety Highway | ||||||
4 | Hire-back Fund; | ||||||
5 | (12) supervision disposition on an offense under the | ||||||
6 | Illinois Vehicle Code or similar provision of a local | ||||||
7 | ordinance, 50 cents, unless waived by the court, into the | ||||||
8 | Prisoner Review Board Vehicle and Equipment Fund; | ||||||
9 | (13) victim and offender are family or household | ||||||
10 | members as defined in Section 103 of the Illinois Domestic | ||||||
11 | Violence Act of 1986 and offender pleads guilty
or no | ||||||
12 | contest to or is convicted of murder, voluntary | ||||||
13 | manslaughter,
involuntary manslaughter, burglary, | ||||||
14 | residential burglary, criminal trespass
to residence, | ||||||
15 | criminal trespass to vehicle, criminal trespass to land,
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16 | criminal damage to property, telephone harassment, | ||||||
17 | kidnapping, aggravated
kidnaping, unlawful restraint, | ||||||
18 | forcible detention, child abduction,
indecent solicitation | ||||||
19 | of a child, sexual relations between siblings,
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20 | exploitation of a child, child pornography, assault, | ||||||
21 | aggravated assault,
battery, aggravated battery, heinous | ||||||
22 | battery, aggravated battery of a
child, domestic battery, | ||||||
23 | reckless conduct, intimidation, criminal sexual
assault, | ||||||
24 | predatory criminal sexual assault of a child, aggravated | ||||||
25 | criminal
sexual assault, criminal sexual abuse,
aggravated | ||||||
26 | criminal sexual abuse, violation of an order of protection,
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1 | disorderly conduct, endangering the life or health of a | ||||||
2 | child, child
abandonment, contributing to dependency or | ||||||
3 | neglect of child, or cruelty to
children and others, $200 | ||||||
4 | for each sentenced violation to the State Treasurer
for | ||||||
5 | deposit as follows: (i) for sexual assault, as defined in | ||||||
6 | Section 5-9-1.7 of the Unified Code of Corrections, when
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7 | the offender and victim are family members, one-half to the | ||||||
8 | Domestic Violence
Shelter and Service Fund, and one-half to | ||||||
9 | the Sexual Assault Services Fund;
(ii) for the remaining | ||||||
10 | offenses to the Domestic Violence Shelter and Service
Fund; | ||||||
11 | (14)
violation of Section 11-501 of the Illinois | ||||||
12 | Vehicle Code, Section 5-7 of the Snowmobile Registration | ||||||
13 | and Safety Act, Section 5-16 of the Boat Registration and | ||||||
14 | Safety Act, or a similar provision, whose operation of a | ||||||
15 | motor vehicle, snowmobile, or watercraft while in | ||||||
16 | violation of Section 11-501, Section 5-7 of the Snowmobile | ||||||
17 | Registration and Safety Act, Section 5-16 of the Boat | ||||||
18 | Registration and Safety Act, or a similar provision | ||||||
19 | proximately caused an incident resulting in an appropriate | ||||||
20 | emergency response, $1,000 maximum to the public agency | ||||||
21 | that provided an emergency response related to the person's | ||||||
22 | violation, and if more than one
agency responded, the | ||||||
23 | amount payable to public agencies shall be shared equally; | ||||||
24 | (15)
violation of Section 401, 407, or 407.2 of the | ||||||
25 | Illinois Controlled Substances Act that proximately caused | ||||||
26 | any incident resulting in an appropriate drug-related |
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1 | emergency response, $1,000 as reimbursement for the | ||||||
2 | emergency response to the law enforcement agency that
made | ||||||
3 | the arrest, and if more than one
agency is responsible for | ||||||
4 | the arrest, the amount payable to law
enforcement agencies | ||||||
5 | shall be shared equally; | ||||||
6 | (16)
violation of reckless driving, aggravated | ||||||
7 | reckless driving, or driving 26 miles per hour or more in | ||||||
8 | excess of the speed limit that triggered an emergency | ||||||
9 | response, $1,000 maximum reimbursement for the emergency | ||||||
10 | response to be distributed in its entirety to a public | ||||||
11 | agency that provided an emergency response related to the | ||||||
12 | person's violation, and if more than one
agency responded, | ||||||
13 | the amount payable to public agencies shall be shared | ||||||
14 | equally; | ||||||
15 | (17) violation based upon each plea of guilty, | ||||||
16 | stipulation of facts, or finding of guilt resulting in a | ||||||
17 | judgment of conviction or order of supervision for an | ||||||
18 | offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of | ||||||
19 | the Criminal Code of 2012 that results in the imposition of | ||||||
20 | a fine, to be distributed as follows:
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21 | (A) $50 to the county treasurer for deposit into | ||||||
22 | the Circuit Court Clerk Operation and Administrative | ||||||
23 | Fund to cover the costs in administering this paragraph | ||||||
24 | (17);
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25 | (B) $300 to the State Treasurer who shall deposit | ||||||
26 | the portion as follows:
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1 | (i) if the arresting or investigating agency | ||||||
2 | is the Department of State
Police, into the State | ||||||
3 | Police Law Enforcement Administration Fund;
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4 | (ii) if the arresting or investigating agency | ||||||
5 | is the Department of
Natural Resources, into the | ||||||
6 | Conservation Police Operations Assistance Fund;
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7 | (iii) if the arresting or investigating agency | ||||||
8 | is the Secretary of State,
into the Secretary of | ||||||
9 | State Police Services Fund;
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10 | (iv) if the arresting or investigating agency | ||||||
11 | is the Illinois Commerce
Commission, into the | ||||||
12 | Public Utility Fund; or
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13 | (v) if more than one of the State agencies in | ||||||
14 | this subparagraph (B) is the arresting or | ||||||
15 | investigating agency, then equal shares with the | ||||||
16 | shares deposited as provided in the applicable | ||||||
17 | items (i) through (iv) of this subparagraph (B); | ||||||
18 | and | ||||||
19 | (C) the remainder for deposit into the Specialized | ||||||
20 | Services for Survivors of Human Trafficking Fund; and
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21 | (18) weapons violation under Section 24-1.1, 24-1.2, | ||||||
22 | or 24-1.5 of the Criminal Code of 1961 or the Criminal Code | ||||||
23 | of 2012, $100 for each conviction to the State Treasurer | ||||||
24 | for deposit into the Trauma Center Fund.
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25 | (Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
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