101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3197
 
Introduced , by Rep. Celina Villanueva
 
SYNOPSIS AS INTRODUCED:



  
705 ILCS 135/15-70
720 ILCS 5/24-3A
720 ILCS 5/24-3B

 Amends the Crime and Traffic Assessment Act. Provides that the court shall also order payment of a conditional assessment of $500 for a violation of gunrunning and firearm trafficking which shall be collected and remitted by the Clerk of the Circuit Court to the State Treasurer for deposit into the Traffic and Criminal Conviction Surcharge Fund to be used for grants by the Illinois Law Enforcement Training Standards Board to units of local government to purchase bulletproof vests for local police departments and to hire peace officers. Makes conforming changes to the Criminal Code of 2012.



LRB101 06989 SLF 52022 b


FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB3197LRB101 06989 SLF 52022 b



1 AN ACT concerning courts.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Criminal and Traffic Assessment Act is 
5amended by changing Section 15-70 as follows:

6 (705 ILCS 135/15-70)
7 (This Section may contain text from a Public Act with a 
8delayed effective date)

9 (Section scheduled to be repealed on January 1, 2021)
10 Sec. 15-70. Conditional assessments. In addition to 
11payments under one of the Schedule of Assessments 1 through 13 
12of this Act, the court shall also order payment of any of the 
13following conditional assessment amounts for each sentenced 
14violation in the case to which a conditional assessment is 
15applicable, which shall be collected and remitted by the Clerk 
16of 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  (8)
order of protection violation under Section 12-3.4 
24 of the Criminal Code of 2012, $200 for each conviction to 
25 the county treasurer for deposit into the Probation and 
26 Court Services Fund for implementation of a domestic 
 
 
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1 violence surveillance program and any other assessments or 
2 fees imposed under Section 5-9-1.16 of the Unified Code of 
3 Corrections;
4  (9)
order of protection violation, $25 for each 
5 violation to the State Treasurer, for deposit into the 
6 Domestic Violence Abuser Services Fund;
7  (10)
prosecution by the State's Attorney of a:
8   (A) petty or business offense, $4 to the county 
9 treasurer of which $2 deposited into the State's 
10 Attorney Records Automation Fund and $2 into the Public 
11 Defender Records Automation Fund;
12   (B) conservation or traffic offense, $2 to the 
13 county treasurer for deposit into the State's Attorney 
14 Records Automation Fund;
15  (11) speeding in a construction zone violation, $250 to 
16 the State Treasurer for deposit into the Transportation 
17 Safety Highway Hire-back Fund, unless (i) the violation 
18 occurred on a highway other than an interstate highway and 
19 (ii) a county police officer wrote the ticket for the 
20 violation, in which case to the county treasurer for 
21 deposit into that county's Transportation Safety Highway 
22 Hire-back Fund;
23  (12) supervision disposition on an offense under the 
24 Illinois Vehicle Code or similar provision of a local 
25 ordinance, 50 cents, unless waived by the court, into the 
26 Prisoner Review Board Vehicle and Equipment Fund;
 
 
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1  (13) victim and offender are family or household 
2 members as defined in Section 103 of the Illinois Domestic 
3 Violence Act of 1986 and offender pleads guilty
or no 
4 contest to or is convicted of murder, voluntary 
5 manslaughter,
involuntary manslaughter, burglary, 
6 residential burglary, criminal trespass
to residence, 
7 criminal trespass to vehicle, criminal trespass to land,

8 criminal damage to property, telephone harassment, 
9 kidnapping, aggravated
kidnaping, unlawful restraint, 
10 forcible detention, child abduction,
indecent solicitation 
11 of a child, sexual relations between siblings,

12 exploitation of a child, child pornography, assault, 
13 aggravated assault,
battery, aggravated battery, heinous 
14 battery, aggravated battery of a
child, domestic battery, 
15 reckless conduct, intimidation, criminal sexual
assault, 
16 predatory criminal sexual assault of a child, aggravated 
17 criminal
sexual assault, criminal sexual abuse,
aggravated 
18 criminal sexual abuse, violation of an order of protection,

19 disorderly conduct, endangering the life or health of a 
20 child, child
abandonment, contributing to dependency or 
21 neglect of child, or cruelty to
children and others, $200 
22 for each sentenced violation to the State Treasurer
for 
23 deposit as follows: (i) for sexual assault, as defined in 
24 Section 5-9-1.7 of the Unified Code of Corrections, when

25 the offender and victim are family members, one-half to the 
26 Domestic Violence
Shelter and Service Fund, and one-half to 
 
 
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1 the Sexual Assault Services Fund;
(ii) for the remaining 
2 offenses to the Domestic Violence Shelter and Service
Fund;
3  (14)
violation of Section 11-501 of the Illinois 
4 Vehicle Code, Section 5-7 of the Snowmobile Registration 
5 and Safety Act, Section 5-16 of the Boat Registration and 
6 Safety Act, or a similar provision, whose operation of a 
7 motor vehicle, snowmobile, or watercraft while in 
8 violation of Section 11-501, Section 5-7 of the Snowmobile 
9 Registration and Safety Act, Section 5-16 of the Boat 
10 Registration and Safety Act, or a similar provision 
11 proximately caused an incident resulting in an appropriate 
12 emergency response, $1,000 maximum to the public agency 
13 that provided an emergency response related to the person's 
14 violation, and if more than one
agency responded, the 
15 amount payable to public agencies shall be shared equally;
16  (15)
violation of Section 401, 407, or 407.2 of the 
17 Illinois Controlled Substances Act that proximately caused 
18 any incident resulting in an appropriate drug-related 
19 emergency response, $1,000 as reimbursement for the 
20 emergency response to the law enforcement agency that
made 
21 the arrest, and if more than one
agency is responsible for 
22 the arrest, the amount payable to law
enforcement agencies 
23 shall be shared equally;
24  (16)
violation of reckless driving, aggravated 
25 reckless driving, or driving 26 miles per hour or more in 
26 excess of the speed limit that triggered an emergency 
 
 
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1 response, $1,000 maximum reimbursement for the emergency 
2 response to be distributed in its entirety to a public 
3 agency that provided an emergency response related to the 
4 person's violation, and if more than one
agency responded, 
5 the amount payable to public agencies shall be shared 
6 equally;
7  (17) violation based upon each plea of guilty, 
8 stipulation of facts, or finding of guilt resulting in a 
9 judgment of conviction or order of supervision for an 
10 offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of 
11 the Criminal Code of 2012 that results in the imposition of 
12 a fine, to be distributed as follows:

13   (A) $50 to the county treasurer for deposit into 
14 the Circuit Court Clerk Operation and Administrative 
15 Fund to cover the costs in administering this paragraph 
16 (17);

17   (B) $300 to the State Treasurer who shall deposit 
18 the portion as follows:

19    (i) if the arresting or investigating agency 
20 is the Department of State
Police, into the State 
21 Police Law Enforcement Administration Fund;

22    (ii) if the arresting or investigating agency 
23 is the Department of
Natural Resources, into the 
24 Conservation Police Operations Assistance Fund;

25    (iii) if the arresting or investigating agency 
26 is the Secretary of State,
into the Secretary of 
 
 
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1 State Police Services Fund;

2    (iv) if the arresting or investigating agency 
3 is the Illinois Commerce
Commission, into the 
4 Public Utility Fund; or

5    (v) if more than one of the State agencies in 
6 this subparagraph (B) is the arresting or 
7 investigating agency, then equal shares with the 
8 shares deposited as provided in the applicable 
9 items (i) through (iv) of this subparagraph (B); 
10 and
11   (C) the remainder for deposit into the Specialized 
12 Services for Survivors of Human Trafficking Fund; and

13  (17.5) violation of Section 24-3A or Section 24-3B of 
14 the Criminal Code of 2012, $500 for each conviction to the 
15 State Treasurer for deposit into the Traffic and Criminal 
16 Conviction Surcharge Fund to be used for grants by the 
17 Illinois Law Enforcement Training Standards Board to units 
18 of local government to purchase bulletproof vests for local 
19 police departments and to hire peace officers; and 
20  (18) weapons violation under Section 24-1.1, 24-1.2, 
21 or 24-1.5 of the Criminal Code of 1961 or the Criminal Code 
22 of 2012, $100 for each conviction to the State Treasurer 
23 for deposit into the Trauma Center Fund.

24(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)

25 Section 10. The Criminal Code of 2012 is amended by 
 
 
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1changing Sections 24-3A and 24-3B as follows:




2 (720 ILCS 5/24-3A)



3 Sec. 24-3A. Gunrunning. 

4 (a) A person commits gunrunning when he or she transfers 3 
5or
more firearms in violation of any of the paragraphs of 
6Section 24-3 of this
Code.

7 (b) Sentence. A person who commits gunrunning:
8  (1) is guilty of a Class 1
felony;
9  (2) is guilty of a Class X felony for which the 
10 sentence shall be a term of imprisonment of not less than 8 
11 years and not more than 40 years if the transfer is of not 
12 less than 11 firearms and not more than 20 firearms;
13  (3) is guilty of a Class X felony for which the 
14 sentence shall be a term of imprisonment of not less than 
15 10 years and not more than 50 years if the transfer is of 
16 more than 20 firearms.
17A person who commits gunrunning by transferring firearms to a 
18person
who, at the time of the commission of the offense, is 
19under 18 years of age is
guilty of a Class X felony.

20 (c) In addition to any other penalties, a person convicted 
21of gunrunning shall pay an assessment of $500 to the clerk 
22which shall be forwarded to the State Treasurer. The assessment 
23shall be deposited into the Traffic and Criminal Conviction 
24Surcharge Fund to be used for grants by the Illinois Law 
25Enforcement Training Standards Board to units of local 
 
 
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1government to purchase bulletproof vests for local police 
2departments and to hire peace officers. 
3(Source: P.A. 93-906, eff. 8-11-04.)


4 (720 ILCS 5/24-3B)
5 Sec. 24-3B. Firearms trafficking.
6 (a) A person commits firearms trafficking when he or she 
7has not been issued a currently valid Firearm Owner's 
8Identification Card and knowingly:
9  (1) brings, or causes to be brought, into this State, a 
10 firearm or firearm ammunition for the purpose of sale, 
11 delivery, or transfer to any other person or with the 
12 intent to sell, deliver, or transfer the firearm or firearm 
13 ammunition to any other person; or
14  (2) brings, or causes to be brought, into this State, a 
15 firearm and firearm ammunition for the purpose of sale, 
16 delivery, or transfer to any other person or with the 
17 intent to sell, deliver, or transfer the firearm and 
18 firearm ammunition to any other person.
19 (a-5) This Section does not apply to: 
20  (1) a person exempt under Section 2 of the Firearm 
21 Owners Identification Card Act from the requirement of 
22 having possession of a Firearm Owner's Identification Card 
23 previously issued in his or her name by the Department of 
24 State Police in order to acquire or possess a firearm or 
25 firearm ammunition; 
 
 
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1  (2) a common carrier under subsection (i) of Section 
2 24-2 of this Code; or 
3  (3) a non-resident who may lawfully possess a firearm 
4 in his or her resident state. 
5 (b) Sentence.
6  (1) Firearms trafficking is a Class 1 felony for which 
7 the person, if sentenced to a term of imprisonment, shall 
8 be sentenced to not less than 4 years and not more than 20 
9 years.
10  (2) Firearms trafficking by a person who has been 
11 previously convicted of firearms trafficking, gunrunning, 
12 or a felony offense for the unlawful sale, delivery, or 
13 transfer of a firearm or firearm ammunition in this State 
14 or another jurisdiction is a Class X felony. 

15 (c) In addition to any other penalties, a person convicted 
16of firearm trafficking shall pay an assessment of $500 to the 
17clerk which shall be forwarded to the State Treasurer. The 
18assessment shall be deposited into the Traffic and Criminal 
19Conviction Surcharge Fund to be used for grants by the Illinois 
20Law Enforcement Training Standards Board to units of local 
21government to purchase bulletproof vests for local police 
22departments and to hire peace officers. 
23(Source: P.A. 99-885, eff. 8-23-16.)