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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3733 Introduced , by Rep. Silvana Tabares SYNOPSIS AS INTRODUCED:
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| 720 ILCS 5/24-3A | | 720 ILCS 5/24-3B | | 730 ILCS 5/5-9-1 | from Ch. 38, par. 1005-9-1 |
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Amends the Criminal Code of 2012 and the Unified Code of Corrections. Provides that in addition to any other penalties, the court shall impose a fee of $300 for gunrunning and firearms trafficking. Provides that the fee shall be deposited into the Traffic and Criminal Conviction Surcharge Fund to be used for grants by the Department of State Police to units of local government to purchase bulletproof vests for local police departments and to hire peace officers.
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| | | FISCAL NOTE ACT MAY APPLY | |
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| | HB3733 | | LRB100 11024 RLC 21263 b |
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| 1 | | AN ACT concerning criminal law.
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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 Code of 2012 is amended by changing |
| 5 | | Sections 24-3A and 24-3B as follows:
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| 6 | | (720 ILCS 5/24-3A)
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| 7 | | Sec. 24-3A. Gunrunning.
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| 8 | | (a) A person commits gunrunning when he or she transfers 3 |
| 9 | | or
more firearms in violation of any of the paragraphs of |
| 10 | | Section 24-3 of this
Code.
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| 11 | | (b) Sentence. A person who commits gunrunning: |
| 12 | | (1) is guilty of a Class 1
felony; |
| 13 | | (2) is guilty of a Class X felony for which the |
| 14 | | sentence shall be a term of imprisonment of not less than 8 |
| 15 | | years and not more than 40 years if the transfer is of not |
| 16 | | less than 11 firearms and not more than 20 firearms; |
| 17 | | (3) is guilty of a Class X felony for which the |
| 18 | | sentence shall be a term of imprisonment of not less than |
| 19 | | 10 years and not more than 50 years if the transfer is of |
| 20 | | more than 20 firearms. |
| 21 | | A person who commits gunrunning by transferring firearms to a |
| 22 | | person
who, at the time of the commission of the offense, is |
| 23 | | under 18 years of age is
guilty of a Class X felony.
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| 1 | | (c) In addition to any other penalties, a person convicted |
| 2 | | of gunrunning shall pay a fee of $300 to the clerk. The fee |
| 3 | | shall be deposited into the Traffic and Criminal Conviction |
| 4 | | Surcharge Fund to be used for grants by the Department of State |
| 5 | | Police to units of local government to purchase bulletproof |
| 6 | | vests for local police departments and to hire peace officers. |
| 7 | | (Source: P.A. 93-906, eff. 8-11-04.)
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| 8 | | (720 ILCS 5/24-3B) |
| 9 | | Sec. 24-3B. Firearms trafficking. |
| 10 | | (a) A person commits firearms trafficking when he or she |
| 11 | | has not been issued a currently valid Firearm Owner's |
| 12 | | Identification Card and knowingly: |
| 13 | | (1) brings, or causes to be brought, into this State, a |
| 14 | | firearm or firearm ammunition for the purpose of sale, |
| 15 | | delivery, or transfer to any other person or with the |
| 16 | | intent to sell, deliver, or transfer the firearm or firearm |
| 17 | | ammunition to any other person; or |
| 18 | | (2) brings, or causes to be brought, into this State, a |
| 19 | | firearm and firearm ammunition for the purpose of sale, |
| 20 | | delivery, or transfer to any other person or with the |
| 21 | | intent to sell, deliver, or transfer the firearm and |
| 22 | | firearm ammunition to any other person. |
| 23 | | (a-5) This Section does not apply to: |
| 24 | | (1) a person exempt under Section 2 of the Firearm |
| 25 | | Owners Identification Card Act from the requirement of |
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| 1 | | having possession of a Firearm Owner's Identification Card |
| 2 | | previously issued in his or her name by the Department of |
| 3 | | State Police in order to acquire or possess a firearm or |
| 4 | | firearm ammunition; |
| 5 | | (2) a common carrier under subsection (i) of Section |
| 6 | | 24-2 of this Code; or |
| 7 | | (3) a non-resident who may lawfully possess a firearm |
| 8 | | in his or her resident state. |
| 9 | | (b) Sentence. |
| 10 | | (1) Firearms trafficking is a Class 1 felony for which |
| 11 | | the person, if sentenced to a term of imprisonment, shall |
| 12 | | be sentenced to not less than 4 years and not more than 20 |
| 13 | | years. |
| 14 | | (2) Firearms trafficking by a person who has been |
| 15 | | previously convicted of firearms trafficking, gunrunning, |
| 16 | | or a felony offense for the unlawful sale, delivery, or |
| 17 | | transfer of a firearm or firearm ammunition in this State |
| 18 | | or another jurisdiction is a Class X felony.
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| 19 | | (c) In addition to any other penalties, a person convicted |
| 20 | | of firearm trafficking shall pay a fee of $300 to the clerk. |
| 21 | | The fee shall be deposited into the Traffic and Criminal |
| 22 | | Conviction Surcharge Fund to be used for grants by the |
| 23 | | Department of State Police to units of local government to |
| 24 | | purchase bulletproof vests for local police departments and to |
| 25 | | hire peace officers. |
| 26 | | (Source: P.A. 99-885, eff. 8-23-16.)
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| 1 | | Section 10. The Unified Code of Corrections is amended by |
| 2 | | adding Section 5-9-1 as follows:
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| 3 | | (730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
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| 4 | | Sec. 5-9-1. Authorized fines; fees.
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| 5 | | (a) An offender may be sentenced to pay a
fine as provided |
| 6 | | in Article 4.5 of Chapter V.
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| 7 | | (b) (Blank.)
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| 8 | | (c) There shall be added to every fine imposed in |
| 9 | | sentencing for a
criminal or traffic offense, except an offense |
| 10 | | relating to parking or
registration, or offense by a |
| 11 | | pedestrian, an additional penalty of $15 for
each $40, or |
| 12 | | fraction thereof, of fine imposed.
The additional penalty of |
| 13 | | $15 for each $40, or fraction thereof, of fine
imposed, if not |
| 14 | | otherwise assessed, shall also be added to every fine
imposed |
| 15 | | upon a plea of guilty, stipulation of facts or findings of |
| 16 | | guilty,
resulting in a judgment of conviction, or order of |
| 17 | | supervision in criminal,
traffic, local ordinance, county |
| 18 | | ordinance, and conservation cases (except
parking, |
| 19 | | registration, or pedestrian violations), or upon
a sentence of |
| 20 | | probation without entry of judgment under Section 10 of the
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| 21 | | Cannabis Control Act, Section 410 of the Illinois Controlled |
| 22 | | Substances Act, or Section 70 of the Methamphetamine Control |
| 23 | | and Community Protection Act.
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| 24 | | Such additional amounts shall be assessed by the court |
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| 1 | | imposing
the fine and shall be collected by the Circuit Clerk |
| 2 | | in addition to the
fine and costs in the case. Each such |
| 3 | | additional penalty shall be
remitted by the Circuit Clerk |
| 4 | | within one month after receipt to the State
Treasurer. The |
| 5 | | State Treasurer shall deposit $1 for each $40, or fraction
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| 6 | | thereof, of fine imposed into the LEADS Maintenance Fund. The |
| 7 | | State Treasurer shall deposit $3 for each $40, or fraction
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| 8 | | thereof, of fine imposed into the Law Enforcement Camera Grant |
| 9 | | Fund. The remaining
surcharge amount shall be deposited into |
| 10 | | the Traffic and Criminal Conviction
Surcharge
Fund, unless the |
| 11 | | fine, costs or additional amounts are subject to
disbursement |
| 12 | | by the circuit clerk under Section 27.5 of the Clerks of
Courts |
| 13 | | Act. Such additional penalty shall not be considered a part of |
| 14 | | the fine
for purposes of any reduction in the fine for time |
| 15 | | served either before or
after sentencing.
Not later than March |
| 16 | | 1 of each year the Circuit Clerk
shall submit a report of the |
| 17 | | amount of funds remitted to the State
Treasurer under this |
| 18 | | subsection (c) during the preceding calendar year.
Except as |
| 19 | | otherwise provided by Supreme Court Rules, if a court in |
| 20 | | imposing
a fine against an offender levies a gross
amount for |
| 21 | | fine, costs, fees and penalties, the amount of the additional
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| 22 | | penalty provided for herein shall be computed on the amount |
| 23 | | remaining after
deducting from the gross amount levied all fees |
| 24 | | of the Circuit Clerk, the
State's Attorney and the Sheriff. |
| 25 | | After deducting from the gross amount
levied the fees and |
| 26 | | additional penalty provided for herein, less any other
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| 1 | | additional penalties provided by law, the clerk shall remit the |
| 2 | | net balance
remaining to the entity authorized by law to |
| 3 | | receive the fine imposed in
the case. For purposes of this |
| 4 | | Section "fees of the Circuit Clerk" shall
include, if |
| 5 | | applicable, the fee provided for under Section 27.3a of the
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| 6 | | Clerks of Courts Act and the fee, if applicable, payable to the |
| 7 | | county in
which the violation occurred pursuant to Section |
| 8 | | 5-1101 of the Counties Code.
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| 9 | | (c-1) In addition to the fines imposed by subsection (c), |
| 10 | | any person
convicted of gunrunning or firearms trafficking |
| 11 | | shall pay a fee of $300 to the clerk. Each fee shall be
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| 12 | | remitted by the clerk within one month after receipt to the |
| 13 | | State
Treasurer. The State Treasurer shall deposit the fee into |
| 14 | | the Traffic and Criminal Conviction
Surcharge
Fund to be used |
| 15 | | by the Department of State Police as grants by the Department |
| 16 | | of State Police to units of local government to purchase |
| 17 | | bulletproof vests for local police departments and to hire |
| 18 | | peace officers. |
| 19 | | (c-5) In addition to the fines imposed by subsection (c), |
| 20 | | any person
convicted or receiving an order of supervision for |
| 21 | | driving under the influence
of alcohol or drugs shall pay an |
| 22 | | additional $100 fee to the clerk.
This
additional fee, less 2 |
| 23 | | 1/2% that shall be
used to defray administrative costs incurred |
| 24 | | by the clerk, shall be remitted by
the clerk to the Treasurer |
| 25 | | within 60 days after receipt for deposit into the
Trauma Center |
| 26 | | Fund. This additional fee of $100 shall not be
considered a |
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| 1 | | part of
the
fine for purposes of any reduction in the fine for |
| 2 | | time served either before or
after sentencing.
Not later than |
| 3 | | March 1 of each year the Circuit Clerk
shall submit a report of |
| 4 | | the amount of funds remitted to the State
Treasurer under this |
| 5 | | subsection (c-5) during the preceding calendar year.
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| 6 | | The Circuit Clerk may accept payment of fines and costs by |
| 7 | | credit card
from an offender who has been convicted of a |
| 8 | | traffic offense, petty offense
or misdemeanor and may charge |
| 9 | | the service fee permitted where fines and
costs are paid by |
| 10 | | credit card provided for in Section 27.3b of the Clerks
of |
| 11 | | Courts Act.
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| 12 | | (c-7) In addition to the fines imposed by subsection (c), |
| 13 | | any person
convicted or receiving an order of supervision for |
| 14 | | driving under the influence
of alcohol or drugs shall pay an |
| 15 | | additional $5 fee to the clerk. This
additional fee, less 2 |
| 16 | | 1/2% that shall be
used to defray administrative costs incurred |
| 17 | | by the clerk, shall be remitted by
the clerk to the Treasurer |
| 18 | | within 60 days after receipt for deposit into the
Spinal Cord |
| 19 | | Injury Paralysis Cure Research Trust Fund. This additional fee |
| 20 | | of
$5 shall not be
considered a part of
the
fine for purposes |
| 21 | | of any reduction in the fine for time served either before or
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| 22 | | after sentencing.
Not later than March 1 of each year the |
| 23 | | Circuit Clerk
shall submit a report of the amount of funds |
| 24 | | remitted to the State
Treasurer under this subsection (c-7) |
| 25 | | during the preceding calendar year.
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| 26 | | (c-9) (Blank).
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| 1 | | (d) In determining the amount and method of payment of a |
| 2 | | fine, except
for those fines established for violations of |
| 3 | | Chapter 15 of the Illinois
Vehicle Code, the court shall |
| 4 | | consider:
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| 5 | | (1) the financial resources and future ability of the |
| 6 | | offender to pay
the fine; and
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| 7 | | (2) whether the fine will prevent the offender from |
| 8 | | making court ordered
restitution or reparation to the |
| 9 | | victim of the offense; and
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| 10 | | (3) in a case where the accused is a dissolved |
| 11 | | corporation and the
court has appointed counsel to |
| 12 | | represent the corporation, the costs
incurred either by the |
| 13 | | county or the State for such representation.
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| 14 | | (e) The court may order the fine to be paid forthwith or |
| 15 | | within a
specified period of time or in installments.
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| 16 | | (f) All fines, costs and additional amounts imposed under |
| 17 | | this Section
for any violation of Chapters 3, 4, 6, and 11 of |
| 18 | | the Illinois Vehicle Code,
or a similar provision of a local |
| 19 | | ordinance, and any violation of the Child
Passenger Protection |
| 20 | | Act, or a similar provision of a local ordinance,
shall be |
| 21 | | collected and disbursed by the circuit clerk as provided under
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| 22 | | Section 27.5 of the Clerks of Courts Act.
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| 23 | | (Source: P.A. 99-352, eff. 1-1-16.)
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