SB 1260 — VEH CD-COURT SUPERVISION FEES

SB1260 EngrossedEnrolled LRB095 09752 AJO 29960 b AN ACT concerning courts.

(b) In addition to the fee provided for in subsection (a), SB1260 EngrossedEnrolled - 2 - LRB095 09752 AJO 29960 b a person who, after a court appearance in the same matter, receives a disposition of court supervision for any violation of this Code or a similar provision of a local ordinance shall also pay an additional fee of $5, if not waived by the court.

(a) All fees, fines, costs, additional penalties, bail balances assessed or forfeited, and any other amount paid by a person to the circuit clerk that equals an amount less than $55, except restitution under Section 5-5-6 of the Unified Code of Corrections, reimbursement for the costs of SB1260 EngrossedEnrolled - 3 - LRB095 09752 AJO 29960 b an emergency response as provided under Section 11-501 of the Illinois Vehicle Code, any fees collected for attending a traffic safety program under paragraph (c) of Supreme Court Rule 529, any fee collected on behalf of a State’s Attorney under Section 4-2002 of the Counties Code or a sheriff under Section 4-5001 of the Counties Code, or any cost imposed under Section 124A-5 of the Code of Criminal Procedure of 1963, for convictions, orders of supervision, or any other disposition for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, and except as provided in subsection (b) shall be disbursed within 60 days after receipt by the circuit clerk as follows:

Any SB1260 EngrossedEnrolled - 4 - LRB095 09752 AJO 29960 b amount that exceeds the 110% limit shall be distributed as follows:

(1) 50% of the amounts collected for felony offenses under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, SB1260 EngrossedEnrolled - 5 - LRB095 09752 AJO 29960 b 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26-5 of the Criminal Code of 1961;

1-1-07.) (705 ILCS 105/27.6) SB1260 EngrossedEnrolled - 6 - LRB095 09752 AJO 29960 b Sec.

Of the 16.825% disbursed to the State Treasurer, 2/17 shall be deposited by the State Treasurer into the Violent Crime Victims Assistance Fund, 5.052/17 shall be SB1260 EngrossedEnrolled - 7 - LRB095 09752 AJO 29960 b deposited into the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall be deposited into the Drivers Education Fund, and 6.948/17 shall be deposited into the Trauma Center Fund.

The circuit clerk may add on no additional amounts except for amounts that are required by Sections 27.3a and 27.3c of this Act, unless those amounts are specifically waived SB1260 EngrossedEnrolled - 8 - LRB095 09752 AJO 29960 b by the judge.

This amount, less 2 1/2% that shall be used to SB1260 EngrossedEnrolled - 9 - LRB095 09752 AJO 29960 b defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Spinal Cord Injury Paralysis Cure Research Trust Fund.

(c-1) In addition to any other fines and court costs SB1260 EngrossedEnrolled - 10 - LRB095 09752 AJO 29960 b assessed by the courts, any person sentenced for a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act shall pay an additional fee of $5 to the clerk of the circuit court.

and (3) 50% of the amounts collected for Class C SB1260 EngrossedEnrolled - 11 - LRB095 09752 AJO 29960 b misdemeanors under Sections 4.01 and 7.1 of the Humane Care for Animals Act and Section 26-5 of the Criminal Code of 1961.

The General Assembly finds that in order to protect the public, the criminal justice system must compel compliance with the conditions of probation SB1260 EngrossedEnrolled - 12 - LRB095 09752 AJO 29960 b by responding to violations with swift, certain and fair punishments and intermediate sanctions.

The court shall impose as a condition of a sentence of probation, conditional discharge, or supervision, that the probation agency may invoke any sanction from the list of intermediate sanctions adopted by the chief judge of the SB1260 EngrossedEnrolled - 13 - LRB095 09752 AJO 29960 b circuit court for violations of the terms and conditions of the sentence of probation, conditional discharge, or supervision, subject to the provisions of Section 5-6-4 of this Act.

If the defendant is not barred from SB1260 EngrossedEnrolled - 14 - LRB095 09752 AJO 29960 b receiving an order for supervision as provided in this subsection, the court may enter an order for supervision after considering the circumstances of the offense, and the history, character and condition of the offender, if the court is of the opinion that:

or (3) pleaded guilty to or stipulated to the facts supporting a charge or a finding of guilty to a violation SB1260 EngrossedEnrolled - 15 - LRB095 09752 AJO 29960 b of Section 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state, and the plea or stipulation was the result of a plea agreement.

(g) Except as otherwise provided in paragraph (i) of this Section, the provisions of paragraph (c) shall not apply to a defendant charged with violating Section 3-707, 3-708, 3-710, SB1260 EngrossedEnrolled - 16 - LRB095 09752 AJO 29960 b or 5-401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance if the defendant has within the last 5 years been:

The provisions of Supreme Court Rule 402 relating SB1260 EngrossedEnrolled - 17 - LRB095 09752 AJO 29960 b to pleas of guilty do not apply in cases when a defendant enters a guilty plea under this provision;

or (2) assigned supervision for a violation of Section 6-303 of the Illinois Vehicle Code or a similar provision SB1260 EngrossedEnrolled - 18 - LRB095 09752 AJO 29960 b of a local ordinance.

SB1260 EngrossedEnrolled - 19 - LRB095 09752 AJO 29960 b 94-169, eff.