Rep. Dennis M. Reboletti
Filed: 3/12/2013
 
 


 




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1
AMENDMENT TO HOUSE BILL 1925




2 AMENDMENT NO. ______. Amend House Bill 1925, by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The State Finance Act is amended by adding 
5Sections 5.826 and 6z-98 as follows:

6 (30 ILCS 105/5.826 new)
7 Sec. 5.826. The Mental Health Reporting Continuing 
8Education Fund.

9 (30 ILCS 105/6z-98 new)
10 Sec. 6z-98. Mental Health Reporting Continuing Education 
11Fund. 
12 (a) There is created in the State treasury a special fund 
13known as the Mental Health Reporting Continuing Education Fund. 
14The Fund shall receive revenue under subsection (c-12) of 
15Section 5-9-1 of the Unified Code of Corrections. The Fund may 
 
 
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1also receive revenue from grants, donations, appropriations, 
2and any other legal source.
3 (b) The executive director of the Administrative Office of 
4the Illinois Courts shall use moneys in the Fund to reimburse 
5circuit court judges and circuit court clerks for continuing 
6education programs for reporting information to the Department 
7of State Police required under Section 6-103.1 of the Mental 
8Health and Developmental Disabilities Code relating to persons 
9prohibited from possessing a firearm under the Firearm Owners 
10Identification Card Act. 
11 (c) Expenditures may be made from the Fund only as 
12appropriated by the General Assembly by law. 
13 (d) Investment income that is attributable to the 
14investment of moneys in the Fund shall be retained in the Fund 
15for the uses specified in this Section.
16 (e) The Fund shall not be subject to administrative 
17chargebacks. 


18 Section 10. The Unified Code of Corrections is amended by 
19changing Section 5-9-1 as follows: 



20 (730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)


21 Sec. 5-9-1. Authorized fines. 

22 (a) An offender may be sentenced to pay a
fine as provided 
23in Article 4.5 of Chapter V.


24 (b) (Blank.)


 
 
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1 (c) There shall be added to every fine imposed in 
2sentencing for a
criminal or traffic offense, except an offense 
3relating to parking or
registration, or offense by a 
4pedestrian, an additional penalty of $10 for
each $40, or 
5fraction thereof, of fine imposed.
The additional penalty of 
6$10 for each $40, or fraction thereof, of fine
imposed, if not 
7otherwise assessed, shall also be added to every fine
imposed 
8upon a plea of guilty, stipulation of facts or findings of 
9guilty,
resulting in a judgment of conviction, or order of 
10supervision in criminal,
traffic, local ordinance, county 
11ordinance, and conservation cases (except
parking, 
12registration, or pedestrian violations), or upon
a sentence of 
13probation without entry of judgment under Section 10 of the

14Cannabis Control Act, Section 410 of the Illinois Controlled 
15Substances Act, or Section 70 of the Methamphetamine Control 
16and Community Protection Act.

17 Such additional amounts shall be assessed by the court 
18imposing
the fine and shall be collected by the Circuit Clerk 
19in addition to the
fine and costs in the case. Each such 
20additional penalty shall be
remitted by the Circuit Clerk 
21within one month after receipt to the State
Treasurer. The 
22State Treasurer shall deposit $1 for each $40, or fraction

23thereof, of fine imposed into the LEADS Maintenance Fund. The 
24State Treasurer shall deposit $1 for each $40, or fraction

25thereof, of fine imposed into the Law Enforcement Camera Grant 
26Fund. The remaining
surcharge amount shall be deposited into 
 
 
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1the Traffic and Criminal Conviction
Surcharge
Fund, unless the 
2fine, costs or additional amounts are subject to
disbursement 
3by the circuit clerk under Section 27.5 of the Clerks of
Courts 
4Act. Such additional penalty shall not be considered a part of 
5the fine
for purposes of any reduction in the fine for time 
6served either before or
after sentencing.
Not later than March 
71 of each year the Circuit Clerk
shall submit a report of the 
8amount of funds remitted to the State
Treasurer under this 
9subsection (c) during the preceding calendar year.
Except as 
10otherwise provided by Supreme Court Rules, if a court in 
11imposing
a fine against an offender levies a gross
amount for 
12fine, costs, fees and penalties, the amount of the additional

13penalty provided for herein shall be computed on the amount 
14remaining after
deducting from the gross amount levied all fees 
15of the Circuit Clerk, the
State's Attorney and the Sheriff. 
16After deducting from the gross amount
levied the fees and 
17additional penalty provided for herein, less any other

18additional penalties provided by law, the clerk shall remit the 
19net balance
remaining to the entity authorized by law to 
20receive the fine imposed in
the case. For purposes of this 
21Section "fees of the Circuit Clerk" shall
include, if 
22applicable, the fee provided for under Section 27.3a of the

23Clerks of Courts Act and the fee, if applicable, payable to the 
24county in
which the violation occurred pursuant to Section 
255-1101 of the Counties Code.

26 (c-5) In addition to the fines imposed by subsection (c), 
 
 
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1any person
convicted or receiving an order of supervision for 
2driving under the influence
of alcohol or drugs shall pay an 
3additional $100 fee to the clerk.
This
additional fee, less 2 
41/2% that shall be
used to defray administrative costs incurred 
5by the clerk, shall be remitted by
the clerk to the Treasurer 
6within 60 days after receipt for deposit into the
Trauma Center 
7Fund. This additional fee of $100 shall not be
considered a 
8part of
the
fine for purposes of any reduction in the fine for 
9time served either before or
after sentencing.
Not later than 
10March 1 of each year the Circuit Clerk
shall submit a report of 
11the amount of funds remitted to the State
Treasurer under this 
12subsection (c-5) during the preceding calendar year.

13 The Circuit Clerk may accept payment of fines and costs by 
14credit card
from an offender who has been convicted of a 
15traffic offense, petty offense
or misdemeanor and may charge 
16the service fee permitted where fines and
costs are paid by 
17credit card provided for in Section 27.3b of the Clerks
of 
18Courts Act.

19 (c-7) In addition to the fines imposed by subsection (c), 
20any person
convicted or receiving an order of supervision for 
21driving under the influence
of alcohol or drugs shall pay an 
22additional $5 fee to the clerk. This
additional fee, less 2 
231/2% that shall be
used to defray administrative costs incurred 
24by the clerk, shall be remitted by
the clerk to the Treasurer 
25within 60 days after receipt for deposit into the
Spinal Cord 
26Injury Paralysis Cure Research Trust Fund. This additional fee 
 
 
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1of
$5 shall not be
considered a part of
the
fine for purposes 
2of any reduction in the fine for time served either before or

3after sentencing.
Not later than March 1 of each year the 
4Circuit Clerk
shall submit a report of the amount of funds 
5remitted to the State
Treasurer under this subsection (c-7) 
6during the preceding calendar year.

7 (c-9) (Blank).

8 (c-12) There shall be added to every fine imposed in 
9sentencing for an
Article 12 offense of the Criminal Code of 
102012 involving the use of a firearm and an Article 24 offense 
11of the Criminal Code of 2012 an additional penalty of $50. 
12 The additional amount shall be assessed by the court 
13imposing
the fine and shall be collected by the Circuit Clerk 
14in addition to the
fine and costs in the case. Each additional 
15penalty shall be
remitted by the Circuit Clerk within one month 
16after receipt to the State
Treasurer. The State Treasurer shall 
17deposit moneys collected under this subsection into the Mental 
18Health Reporting Continuing Education Fund. The additional 
19penalty shall not be considered a part of the fine
for purposes 
20of any reduction in the fine for time served either before or

21after sentencing.
Not later than March 1 of each year the 
22Circuit Clerk
shall submit a report of the amount of funds 
23remitted to the State
Treasurer under this subsection (c-12) 
24during the preceding calendar year. 
25 (d) In determining the amount and method of payment of a 
26fine, except
for those fines established for violations of 
 
 
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1Chapter 15 of the Illinois
Vehicle Code, the court shall 
2consider:


3  (1) the financial resources and future ability of the 
4 offender to pay
the fine; and


5  (2) whether the fine will prevent the offender from 
6 making court ordered
restitution or reparation to the 
7 victim of the offense; and


8  (3) in a case where the accused is a dissolved 
9 corporation and the
court has appointed counsel to 
10 represent the corporation, the costs
incurred either by the 
11 county or the State for such representation.

12 (e) The court may order the fine to be paid forthwith or 
13within a
specified period of time or in installments.

14 (f) All fines, costs and additional amounts imposed under 
15this Section
for any violation of Chapters 3, 4, 6, and 11 of 
16the Illinois Vehicle Code,
or a similar provision of a local 
17ordinance, and any violation of the Child
Passenger Protection 
18Act, or a similar provision of a local ordinance,
shall be 
19collected and disbursed by the circuit clerk as provided under

20Section 27.5 of the Clerks of Courts Act.

21(Source: P.A. 94-556, eff. 9-11-05; 94-652, eff. 8-22-05; 
2294-987, eff. 6-30-06; 95-1052, eff. 7-1-09.)".