SB1862 98TH GENERAL ASSEMBLY

98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014
SB1862

Introduced 2/15/2013, by Sen. Chapin Rose

SYNOPSIS AS INTRODUCED:

`730 ILCS 5/5-9-1.1`	`from Ch. 38, par. 1005-9-1.1`
`730 ILCS 5/5-9-1.1-5`

Amends the Unified Code of Corrections. Provides that the $25 assessment for drug related and methamphetamine related offenses shall be deposited into the Criminal Justice Information Projects Fund (rather than the Drug Traffic Prevention Fund) and that moneys in the Fund received under these provisions shall be appropriated to and administered by the Illinois Criminal Justice Information Authority (rather than the Department of State Police) for funding of drug task forces and Metropolitan Enforcement Groups in accordance with the Intergovernmental Drug Laws Enforcement Act. Effective July 1, 2013.

LRB098 07190 RLC 37251 b

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning criminal law.

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

3 represented in the General Assembly:

4 Section 5. The Unified Code of Corrections is amended by

5 changing Sections 5-9-1.1 and 5-9-1.1-5 as follows:

6 (730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)

7 (Text of Section from P.A. 94-550, 96-132, 96-402, 96-1234,

8 and 97-545)

9 Sec. 5-9-1.1. Drug related offenses.

10 (a) When a person has been adjudged guilty of a drug

11 related offense involving possession or delivery of cannabis or

12 possession or delivery of a controlled substance, other than

13 methamphetamine, as defined in the Cannabis Control Act, as

14 amended, or the Illinois Controlled Substances Act, as amended,

15 in addition to any other penalty imposed, a fine shall be

16 levied by the court at not less than the full street value of

17 the cannabis or controlled substances seized.

18 "Street value" shall be determined by the court on the

19 basis of testimony of law enforcement personnel and the

20 defendant as to the amount seized and such testimony as may be

21 required by the court as to the current street value of the

22 cannabis or controlled substance seized.

23 (b) In addition to any penalty imposed under subsection (a)

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1 of this Section, a fine of $100 shall be levied by the court,

2 the proceeds of which shall be collected by the Circuit Clerk

3 and remitted to the State Treasurer under Section 27.6 of the

4 Clerks of Courts Act for deposit into the Trauma Center Fund

5 for distribution as provided under Section 3.225 of the

6 Emergency Medical Services (EMS) Systems Act.

7 (c) In addition to any penalty imposed under subsection (a)

8 of this Section, a fee of $5 shall be assessed by the court,

9 the proceeds of which shall be collected by the Circuit Clerk

10 and remitted to the State Treasurer under Section 27.6 of the

11 Clerks of Courts Act for deposit into the Spinal Cord Injury

12 Paralysis Cure Research Trust Fund. This additional fee of $5

13 shall not be considered a part of the fine for purposes of any

14 reduction in the fine for time served either before or after

15 sentencing.

16 (d) In addition to any penalty imposed under subsection (a)

17 of this Section for a drug related offense involving possession

18 or delivery of cannabis or possession or delivery of a

19 controlled substance as defined in the Cannabis Control Act,

20 the Illinois Controlled Substances Act, or the Methamphetamine

21 Control and Community Protection Act, a fee of $50 shall be

22 assessed by the court, the proceeds of which shall be collected

23 by the Circuit Clerk and remitted to the State Treasurer under

24 Section 27.6 of the Clerks of Courts Act for deposit into the

25 Performance-enhancing Substance Testing Fund. This additional

26 fee of $50 shall not be considered a part of the fine for

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1 purposes of any reduction in the fine for time served either

2 before or after sentencing. The provisions of this subsection

3 (d), other than this sentence, are inoperative after June 30,

4 2011.

5 (e) In addition to any penalty imposed under subsection (a)

6 of this Section, a $25 assessment shall be assessed by the

7 court, the proceeds of which shall be collected by the Circuit

8 Clerk and remitted to the State Treasurer for deposit into the

9 Criminal Justice Information Projects Fund ~~Drug Traffic~~

10 ~~Prevention Fund~~. The moneys deposited into the Criminal Justice

11 Information Projects Fund under ~~Drug Traffic Prevention Fund~~

12 ~~pursuant to~~ this Section shall be appropriated to and

13 administered by the Illinois Criminal Justice Information

14 Authority ~~Department of State Police~~ for funding of drug task

15 forces and Metropolitan Enforcement Groups in accordance with

16 the Intergovernmental Drug Laws Enforcement Act.

17 (f) In addition to any penalty imposed under subsection (a)

18 of this Section, a $20 assessment shall be assessed by the

19 court, the proceeds of which shall be collected by the Circuit

20 Clerk. Of the collected proceeds, (i) 90% shall be remitted to

21 the State Treasurer for deposit into the Prescription Pill and

22 Drug Disposal Fund; (ii) 5% shall be remitted for deposit into

23 the Criminal Justice Information Projects Fund, for use by the

24 Illinois Criminal Justice Information Authority for the costs

25 associated with making grants from the Prescription Pill and

26 Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%

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1 for deposit into the Circuit Court Clerk Operation and

2 Administrative Fund for the costs associated with

3 administering this subsection.

4 (Source: P.A. 96-132, eff. 8-7-09; 96-402, eff. 1-1-10;

5 96-1234, eff. 7-23-10; 97-545, eff. 1-1-12; revised 9-14-11.)

6 (Text of Section from P.A. 94-556, 96-132, 96-402, 96-1234,

7 and 97-545)

8 Sec. 5-9-1.1. Drug related offenses.

9 (a) When a person has been adjudged guilty of a drug

10 related offense involving possession or delivery of cannabis or

11 possession or delivery of a controlled substance as defined in

12 the Cannabis Control Act, the Illinois Controlled Substances

13 Act, or the Methamphetamine Control and Community Protection

14 Act, in addition to any other penalty imposed, a fine shall be

15 levied by the court at not less than the full street value of

16 the cannabis or controlled substances seized.

17 "Street value" shall be determined by the court on the

18 basis of testimony of law enforcement personnel and the

19 defendant as to the amount seized and such testimony as may be

20 required by the court as to the current street value of the

21 cannabis or controlled substance seized.

22 (b) In addition to any penalty imposed under subsection (a)

23 of this Section, a fine of $100 shall be levied by the court,

24 the proceeds of which shall be collected by the Circuit Clerk

25 and remitted to the State Treasurer under Section 27.6 of the

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1 Clerks of Courts Act for deposit into the Trauma Center Fund

2 for distribution as provided under Section 3.225 of the

3 Emergency Medical Services (EMS) Systems Act.

4 (c) In addition to any penalty imposed under subsection (a)

5 of this Section, a fee of $5 shall be assessed by the court,

6 the proceeds of which shall be collected by the Circuit Clerk

7 and remitted to the State Treasurer under Section 27.6 of the

8 Clerks of Courts Act for deposit into the Spinal Cord Injury

9 Paralysis Cure Research Trust Fund. This additional fee of $5

10 shall not be considered a part of the fine for purposes of any

11 reduction in the fine for time served either before or after

12 sentencing.

13 (d) In addition to any penalty imposed under subsection (a)

14 of this Section for a drug related offense involving possession

15 or delivery of cannabis or possession or delivery of a

16 controlled substance as defined in the Cannabis Control Act,

17 the Illinois Controlled Substances Act, or the Methamphetamine

18 Control and Community Protection Act, a fee of $50 shall be

19 assessed by the court, the proceeds of which shall be collected

20 by the Circuit Clerk and remitted to the State Treasurer under

21 Section 27.6 of the Clerks of Courts Act for deposit into the

22 Performance-enhancing Substance Testing Fund. This additional

23 fee of $50 shall not be considered a part of the fine for

24 purposes of any reduction in the fine for time served either

25 before or after sentencing. The provisions of this subsection

26 (d), other than this sentence, are inoperative after June 30,

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1 2011.

2 (e) In addition to any penalty imposed under subsection (a)

3 of this Section, a $25 assessment shall be assessed by the

4 court, the proceeds of which shall be collected by the Circuit

5 Clerk and remitted to the State Treasurer for deposit into the

6 Criminal Justice Information Projects Fund ~~Drug Traffic~~

7 ~~Prevention Fund~~. The moneys deposited into the Criminal Justice

8 Information Projects Fund under ~~Drug Traffic Prevention Fund~~

9 ~~pursuant to~~ this Section shall be appropriated to and

10 administered by the Illinois Criminal Justice Information

11 Authority ~~Department of State Police~~ for funding of drug task

12 forces and Metropolitan Enforcement Groups in accordance with

13 the Intergovernmental Drug Laws Enforcement Act.

14 (f) In addition to any penalty imposed under subsection (a)

15 of this Section, a $20 assessment shall be assessed by the

16 court, the proceeds of which shall be collected by the Circuit

17 Clerk. Of the collected proceeds, (i) 90% shall be remitted to

18 the State Treasurer for deposit into the Prescription Pill and

19 Drug Disposal Fund; (ii) 5% shall be remitted for deposit into

20 the Criminal Justice Information Projects Fund, for use by the

21 Illinois Criminal Justice Information Authority for the costs

22 associated with making grants from the Prescription Pill and

23 Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%

24 for deposit into the Circuit Court Clerk Operation and

25 Administrative Fund for the costs associated with

26 administering this subsection.

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1 (Source: P.A. 96-132, eff. 8-7-09; 96-402, eff. 1-1-10;

2 96-1234, eff. 7-23-10; 97-545, eff. 1-1-12; revised 9-14-11.)

3 (730 ILCS 5/5-9-1.1-5)

4 Sec. 5-9-1.1-5. Methamphetamine related offenses.

5 (a) When a person has been adjudged guilty of a

6 methamphetamine related offense involving possession or

7 delivery of methamphetamine or any salt of an optical isomer of

8 methamphetamine or possession of a methamphetamine

9 manufacturing material as set forth in Section 10 of the

10 Methamphetamine Control and Community Protection Act with the

11 intent to manufacture a substance containing methamphetamine

12 or salt of an optical isomer of methamphetamine, in addition to

13 any other penalty imposed, a fine shall be levied by the court

14 at not less than the full street value of the methamphetamine

15 or salt of an optical isomer of methamphetamine or

16 methamphetamine manufacturing materials seized.

17 "Street value" shall be determined by the court on the

18 basis of testimony of law enforcement personnel and the

19 defendant as to the amount seized and such testimony as may be

20 required by the court as to the current street value of the

21 methamphetamine or salt of an optical isomer of methamphetamine

22 or methamphetamine manufacturing materials seized.

23 (b) In addition to any penalty imposed under subsection (a)

24 of this Section, a fine of $100 shall be levied by the court,

25 the proceeds of which shall be collected by the Circuit Clerk

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1 and remitted to the State Treasurer under Section 27.6 of the

2 Clerks of Courts Act for deposit into the Methamphetamine Law

3 Enforcement Fund and allocated as provided in subsection (d) of

4 Section 5-9-1.2.

5 (c) In addition to any penalty imposed under subsection (a)