99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4228

Introduced , by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:
705 ILCS 105/27.5 from Ch. 25, par. 27.5
705 ILCS 105/27.6
720 ILCS 5/12C-75 new

Amends the Clerks of Courts Act and the Criminal Code of 2012. Creates the offense of parental cyber-bullying. Provides that a person commits the offense when he or she: (1) is a parent or legal guardian of a minor who is under 18 years of age at the time of the commission of the offense; and (2) with the intent to discipline, embarrass, or alter the behavior of that minor, transmits, using electronic communication, any verbal or visual message posted on social media that the parent or legal guardian reasonably believes would coerce, intimidate, harass, or cause substantial emotional distress to the minor. Provides that a violation is a petty offense. Provides that if a person is convicted of parental cyber-bullying, the court shall order that person to pay for the costs of prosecution and that a portion of the fine, as determined by the court, be placed in escrow for the purchase of a certificate of deposit for use by the minor victim when he or she attains 18 years of age.
LRB099 12742 RLC 36535 b
FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB4228LRB099 12742 RLC 36535 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Clerks of Courts Act is amended by changing
5Sections 27.5 and 27.6 as follows:
6 (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
7 Sec. 27.5. (a) All fees, fines, costs, additional
8penalties, bail balances assessed or forfeited, and any other
9amount paid by a person to the circuit clerk that equals an
10amount less than $55, except portions of fines imposed under
11Section 12C-75 of the Criminal Code of 2012 to pay for the
12costs of prosecution and the purchase of a certificate of
13deposit under that Section, restitution under Section 5-5-6 of
14the Unified Code of Corrections, reimbursement for the costs of
15an emergency response as provided under Section 11-501 of the
16Illinois Vehicle Code, any fees collected for attending a
17traffic safety program under paragraph (c) of Supreme Court
18Rule 529, any fee collected on behalf of a State's Attorney
19under Section 4-2002 of the Counties Code or a sheriff under
20Section 4-5001 of the Counties Code, or any cost imposed under
21Section 124A-5 of the Code of Criminal Procedure of 1963, for
22convictions, orders of supervision, or any other disposition
23for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois

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1Vehicle Code, or a similar provision of a local ordinance, and
2any violation of the Child Passenger Protection Act, or a
3similar provision of a local ordinance, and except as otherwise
4provided in this Section, shall be disbursed within 60 days
5after receipt by the circuit clerk as follows: 47% shall be
6disbursed to the entity authorized by law to receive the fine
7imposed in the case; 12% shall be disbursed to the State
8Treasurer; and 41% shall be disbursed to the county's general
9corporate fund. Of the 12% disbursed to the State Treasurer,
101/6 shall be deposited by the State Treasurer into the Violent
11Crime Victims Assistance Fund, 1/2 shall be deposited into the
12Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall
13be deposited into the Drivers Education Fund. For fiscal years
141992 and 1993, amounts deposited into the Violent Crime Victims
15Assistance Fund, the Traffic and Criminal Conviction Surcharge
16Fund, or the Drivers Education Fund shall not exceed 110% of
17the amounts deposited into those funds in fiscal year 1991. Any
18amount that exceeds the 110% limit shall be distributed as
19follows: 50% shall be disbursed to the county's general
20corporate fund and 50% shall be disbursed to the entity
21authorized by law to receive the fine imposed in the case. Not
22later than March 1 of each year the circuit clerk shall submit
23a report of the amount of funds remitted to the State Treasurer
24under this Section during the preceding year based upon
25independent verification of fines and fees. All counties shall
26be subject to this Section, except that counties with a

HB4228- 3 -LRB099 12742 RLC 36535 b
1population under 2,000,000 may, by ordinance, elect not to be
2subject to this Section. For offenses subject to this Section,
3judges shall impose one total sum of money payable for
4violations. The circuit clerk may add on no additional amounts
5except for amounts that are required by Sections 27.3a and
627.3c of this Act, Section 16-104c of the Illinois Vehicle
7Code, and subsection (a) of Section 5-1101 of the Counties
8Code, unless those amounts are specifically waived by the
9judge. With respect to money collected by the circuit clerk as
10a result of forfeiture of bail, ex parte judgment or guilty
11plea pursuant to Supreme Court Rule 529, the circuit clerk
12shall first deduct and pay amounts required by Sections 27.3a
13and 27.3c of this Act. Unless a court ordered payment schedule
14is implemented or fee requirements are waived pursuant to a
15court order, the circuit clerk may add to any unpaid fees and
16costs a delinquency amount equal to 5% of the unpaid fees that
17remain unpaid after 30 days, 10% of the unpaid fees that remain
18unpaid after 60 days, and 15% of the unpaid fees that remain
19unpaid after 90 days. Notice to those parties may be made by
20signage posting or publication. The additional delinquency
21amounts collected under this Section shall be deposited in the
22Circuit Court Clerk Operation and Administrative Fund to be
23used to defray administrative costs incurred by the circuit
24clerk in performing the duties required to collect and disburse
25funds. This Section is a denial and limitation of home rule
26powers and functions under subsection (h) of Section 6 of

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1Article VII of the Illinois Constitution.
2 (b) The following amounts must be remitted to the State
3Treasurer for deposit into the Illinois Animal Abuse Fund:
4 (1) 50% of the amounts collected for felony offenses
5 under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
6 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
7 Animals Act and Section 26-5 or 48-1 of the Criminal Code
8 of 1961 or the Criminal Code of 2012;
9 (2) 20% of the amounts collected for Class A and Class
10 B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
11 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
12 for Animals Act and Section 26-5 or 48-1 of the Criminal
13 Code of 1961 or the Criminal Code of 2012; and
14 (3) 50% of the amounts collected for Class C
15 misdemeanors under Sections 4.01 and 7.1 of the Humane Care
16 for Animals Act and Section 26-5 or 48-1 of the Criminal
17 Code of 1961 or the Criminal Code of 2012.
18 (c) Any person who receives a disposition of court
19supervision for a violation of the Illinois Vehicle Code or a
20similar provision of a local ordinance shall, in addition to
21any other fines, fees, and court costs, pay an additional fee
22of $29, to be disbursed as provided in Section 16-104c of the
23Illinois Vehicle Code. In addition to the fee of $29, the
24person shall also pay a fee of $6, if not waived by the court.
25If this $6 fee is collected, $5.50 of the fee shall be
26deposited into the Circuit Court Clerk Operation and

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1Administrative Fund created by the Clerk of the Circuit Court
2and 50 cents of the fee shall be deposited into the Prisoner
3Review Board Vehicle and Equipment Fund in the State treasury.
4 (d) Any person convicted of, pleading guilty to, or placed
5on supervision for a serious traffic violation, as defined in
6Section 1-187.001 of the Illinois Vehicle Code, a violation of
7Section 11-501 of the Illinois Vehicle Code, or a violation of
8a similar provision of a local ordinance shall pay an
9additional fee of $35, to be disbursed as provided in Section
1016-104d of that Code.
11 This subsection (d) becomes inoperative on January 1, 2020.
12 (e) In all counties having a population of 3,000,000 or
13more inhabitants:
14 (1) A person who is found guilty of or pleads guilty to
15 violating subsection (a) of Section 11-501 of the Illinois
16 Vehicle Code, including any person placed on court
17 supervision for violating subsection (a), shall be fined
18 $750 as provided for by subsection (f) of Section 11-501.01
19 of the Illinois Vehicle Code, payable to the circuit clerk,
20 who shall distribute the money pursuant to subsection (f)
21 of Section 11-501.01 of the Illinois Vehicle Code.
22 (2) When a crime laboratory DUI analysis fee of $150,
23 provided for by Section 5-9-1.9 of the Unified Code of
24 Corrections is assessed, it shall be disbursed by the
25 circuit clerk as provided by subsection (f) of Section
26 5-9-1.9 of the Unified Code of Corrections.

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1 (3) When a fine for a violation of subsection (a) of
2 Section 11-605 of the Illinois Vehicle Code is $150 or
3 greater, the additional $50 which is charged as provided
4 for by subsection (f) of Section 11-605 of the Illinois
5 Vehicle Code shall be disbursed by the circuit clerk to a
6 school district or districts for school safety purposes as
7 provided by subsection (f) of Section 11-605.
8 (4) When a fine for a violation of subsection (a) of
9 Section 11-1002.5 of the Illinois Vehicle Code is $150 or
10 greater, the additional $50 which is charged as provided
11 for by subsection (c) of Section 11-1002.5 of the Illinois
12 Vehicle Code shall be disbursed by the circuit clerk to a
13 school district or districts for school safety purposes as
14 provided by subsection (c) of Section 11-1002.5 of the
15 Illinois Vehicle Code.
16 (5) When a mandatory drug court fee of up to $5 is
17 assessed as provided in subsection (f) of Section 5-1101 of
18 the Counties Code, it shall be disbursed by the circuit
19 clerk as provided in subsection (f) of Section 5-1101 of
20 the Counties Code.
21 (6) When a mandatory teen court, peer jury, youth
22 court, or other youth diversion program fee is assessed as
23 provided in subsection (e) of Section 5-1101 of the
24 Counties Code, it shall be disbursed by the circuit clerk
25 as provided in subsection (e) of Section 5-1101 of the
26 Counties Code.

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1 (7) When a Children's Advocacy Center fee is assessed
2 pursuant to subsection (f-5) of Section 5-1101 of the
3 Counties Code, it shall be disbursed by the circuit clerk
4 as provided in subsection (f-5) of Section 5-1101 of the
5 Counties Code.
6 (8) When a victim impact panel fee is assessed pursuant
7 to subsection (b) of Section 11-501.01 of the Illinois
8 Vehicle Code, it shall be disbursed by the circuit clerk to
9 the victim impact panel to be attended by the defendant.
10 (9) When a new fee collected in traffic cases is
11 enacted after January 1, 2010 (the effective date of Public
12 Act 96-735), it shall be excluded from the percentage
13 disbursement provisions of this Section unless otherwise
14 indicated by law.
15 (f) Any person who receives a disposition of court
16supervision for a violation of Section 11-501 of the Illinois
17Vehicle Code shall, in addition to any other fines, fees, and
18court costs, pay an additional fee of $50, which shall be
19collected by the circuit clerk and then remitted to the State
20Treasurer for deposit into the Roadside Memorial Fund, a
21special fund in the State treasury. However, the court may
22waive the fee if full restitution is complied with. Subject to
23appropriation, all moneys in the Roadside Memorial Fund shall
24be used by the Department of Transportation to pay fees imposed
25under subsection (f) of Section 20 of the Roadside Memorial
26Act. The fee shall be remitted by the circuit clerk within one

HB4228- 8 -LRB099 12742 RLC 36535 b
1month after receipt to the State Treasurer for deposit into the
2Roadside Memorial Fund.
3 (g) For any conviction or disposition of court supervision
4for a violation of Section 11-1429 of the Illinois Vehicle
5Code, the circuit clerk shall distribute the fines paid by the
6person as specified by subsection (h) of Section 11-1429 of the
7Illinois Vehicle Code.
8(Source: P.A. 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13;
997-1150, eff. 1-25-13; 98-658, eff. 6-23-14.)
10 (705 ILCS 105/27.6)
11 (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,
1296-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
1398-658, and 98-1013)
14 Sec. 27.6. (a) All fees, fines, costs, additional
15penalties, bail balances assessed or forfeited, and any other
16amount paid by a person to the circuit clerk equalling an
17amount of $55 or more, except portions of fines imposed under
18Section 12C-75 of the Criminal Code of 2012 to pay for the
19costs of prosecution and the purchase of a certificate of
20deposit under that Section, the fine imposed by Section
215-9-1.15 of the Unified Code of Corrections, the additional fee
22required by subsections (b) and (c), restitution under Section
235-5-6 of the Unified Code of Corrections, contributions to a
24local anti-crime program ordered pursuant to Section
255-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of

HB4228- 9 -LRB099 12742 RLC 36535 b
1Corrections, reimbursement for the costs of an emergency
2response as provided under Section 11-501 of the Illinois
3Vehicle Code, any fees collected for attending a traffic safety
4program under paragraph (c) of Supreme Court Rule 529, any fee
5collected on behalf of a State's Attorney under Section 4-2002
6of the Counties Code or a sheriff under Section 4-5001 of the
7Counties Code, or any cost imposed under Section 124A-5 of the
8Code of Criminal Procedure of 1963, for convictions, orders of
9supervision, or any other disposition for a violation of
10Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
11similar provision of a local ordinance, and any violation of
12the Child Passenger Protection Act, or a similar provision of a
13local ordinance, and except as otherwise provided in this
14Section shall be disbursed within 60 days after receipt by the
15circuit clerk as follows: 44.5% shall be disbursed to the
16entity authorized by law to receive the fine imposed in the
17case; 16.825% shall be disbursed to the State Treasurer; and
1838.675% shall be disbursed to the county's general corporate
19fund. Of the 16.825% disbursed to the State Treasurer, 2/17
20shall be deposited by the State Treasurer into the Violent
21Crime Victims Assistance Fund, 5.052/17 shall be deposited into
22the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
23be deposited into the Drivers Education Fund, and 6.948/17
24shall be deposited into the Trauma Center Fund. Of the 6.948/17
25deposited into the Trauma Center Fund from the 16.825%
26disbursed to the State Treasurer, 50% shall be disbursed to the

HB4228- 10 -LRB099 12742 RLC 36535 b
1Department of Public Health and 50% shall be disbursed to the
2Department of Healthcare and Family Services. For fiscal year
31993, amounts deposited into the Violent Crime Victims
4Assistance Fund, the Traffic and Criminal Conviction Surcharge
5Fund, or the Drivers Education Fund shall not exceed 110% of
6the amounts deposited into those funds in fiscal year 1991. Any
7amount that exceeds the 110% limit shall be distributed as
8follows: 50% shall be disbursed to the county's general
9corporate fund and 50% shall be disbursed to the entity
10authorized by law to receive the fine imposed in the case. Not
11later than March 1 of each year the circuit clerk shall submit
12a report of the amount of funds remitted to the State Treasurer
13under this Section during the preceding year based upon
14independent verification of fines and fees. All counties shall
15be subject to this Section, except that counties with a
16population under 2,000,000 may, by ordinance, elect not to be
17subject to this Section. For offenses subject to this Section,
18judges shall impose one total sum of money payable for
19violations. The circuit clerk may add on no additional amounts
20except for amounts that are required by Sections 27.3a and
2127.3c of this Act, unless those amounts are specifically waived
22by the judge. With respect to money collected by the circuit
23clerk as a result of forfeiture of bail, ex parte judgment or
24guilty plea pursuant to Supreme Court Rule 529, the circuit
25clerk shall first deduct and pay amounts required by Sections
2627.3a and 27.3c of this Act. This Section is a denial and

HB4228- 11 -LRB099 12742 RLC 36535 b
1limitation of home rule powers and functions under subsection
2(h) of Section 6 of Article VII of the Illinois Constitution.
3 (b) In addition to any other fines and court costs assessed
4by the courts, any person convicted or receiving an order of
5supervision for driving under the influence of alcohol or drugs
6shall pay an additional fee of $100 to the clerk of the circuit
7court. This amount, less 2 1/2% that shall be used to defray
8administrative costs incurred by the clerk, shall be remitted
9by the clerk to the Treasurer within 60 days after receipt for
10deposit into the Trauma Center Fund. This additional fee of
11$100 shall not be considered a part of the fine for purposes of
12any reduction in the fine for time served either before or
13after sentencing. Not later than March 1 of each year the
14Circuit Clerk shall submit a report of the amount of funds
15remitted to the State Treasurer under this subsection during
16the preceding calendar year.
17 (b-1) In addition to any other fines and court costs
18assessed by the courts, any person convicted or receiving an
19order of supervision for driving under the influence of alcohol
20or drugs shall pay an additional fee of $5 to the clerk of the
21circuit court. This amount, less 2 1/2% that shall be used to
22defray administrative costs incurred by the clerk, shall be
23remitted by the clerk to the Treasurer within 60 days after
24receipt for deposit into the Spinal Cord Injury Paralysis Cure
25Research Trust Fund. This additional fee of $5 shall not be
26considered a part of the fine for purposes of any reduction in

HB4228- 12 -LRB099 12742 RLC 36535 b
1the fine for time served either before or after sentencing. Not
2later than March 1 of each year the Circuit Clerk shall submit
3a report of the amount of funds remitted to the State Treasurer
4under this subsection during the preceding calendar year.
5 (c) In addition to any other fines and court costs assessed
6by the courts, any person convicted for a violation of Sections
724-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
8Criminal Code of 2012 or a person sentenced for a violation of
9the Cannabis Control Act, the Illinois Controlled Substances
10Act, or the Methamphetamine Control and Community Protection
11Act shall pay an additional fee of $100 to the clerk of the
12circuit court. This amount, less 2 1/2% that shall be used to
13defray administrative costs incurred by the clerk, shall be
14remitted by the clerk to the Treasurer within 60 days after
15receipt for deposit into the Trauma Center Fund. This
16additional fee of $100 shall not be considered a part of the
17fine for purposes of any reduction in the fine for time served
18either before or after sentencing. Not later than March 1 of
19each year the Circuit Clerk shall submit a report of the amount
20of funds remitted to the State Treasurer under this subsection
21during the preceding calendar year.
22 (c-1) In addition to any other fines and court costs
23assessed by the courts, any person sentenced for a violation of
24the Cannabis Control Act, the Illinois Controlled Substances
25Act, or the Methamphetamine Control and Community Protection
26Act shall pay an additional fee of $5 to the clerk of the

HB4228- 13 -LRB099 12742 RLC 36535 b
1circuit court. This amount, less 2 1/2% that shall be used to
2defray administrative costs incurred by the clerk, shall be
3remitted by the clerk to the Treasurer within 60 days after
4receipt for deposit into the Spinal Cord Injury Paralysis Cure
5Research Trust Fund. This additional fee of $5 shall not be
6considered a part of the fine for purposes of any reduction in
7the fine for time served either before or after sentencing. Not
8later than March 1 of each year the Circuit Clerk shall submit
9a report of the amount of funds remitted to the State Treasurer
10under this subsection during the preceding calendar year.
11 (d) The following amounts must be remitted to the State
12Treasurer for deposit into the Illinois Animal Abuse Fund:
13 (1) 50% of the amounts collected for felony offenses
14 under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
15 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
16 Animals Act and Section 26-5 or 48-1 of the Criminal Code
17 of 1961 or the Criminal Code of 2012;
18 (2) 20% of the amounts collected for Class A and Class
19 B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
20 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
21 for Animals Act and Section 26-5 or 48-1 of the Criminal
22 Code of 1961 or the Criminal Code of 2012; and
23 (3) 50% of the amounts collected for Class C
24 misdemeanors under Sections 4.01 and 7.1 of the Humane Care
25 for Animals Act and Section 26-5 or 48-1 of the Criminal
26 Code of 1961 or the Criminal Code of 2012.

HB4228- 14 -LRB099 12742 RLC 36535 b
1 (e) Any person who receives a disposition of court
2supervision for a violation of the Illinois Vehicle Code or a
3similar provision of a local ordinance shall, in addition to
4any other fines, fees, and court costs, pay an additional fee
5of $29, to be disbursed as provided in Section 16-104c of the
6Illinois Vehicle Code. In addition to the fee of $29, the
7person shall also pay a fee of $6, if not waived by the court.
8If this $6 fee is collected, $5.50 of the fee shall be
9deposited into the Circuit Court Clerk Operation and
10Administrative Fund created by the Clerk of the Circuit Court
11and 50 cents of the fee shall be deposited into the Prisoner
12Review Board Vehicle and Equipment Fund in the State treasury.
13 (f) This Section does not apply to the additional child
14pornography fines assessed and collected under Section
155-9-1.14 of the Unified Code of Corrections.
16 (g) (Blank).
17 (h) (Blank).
18 (i) Of the amounts collected as fines under subsection (b)
19of Section 3-712 of the Illinois Vehicle Code, 99% shall be
20deposited into the Illinois Military Family Relief Fund and 1%
21shall be deposited into the Circuit Court Clerk Operation and
22Administrative Fund created by the Clerk of the Circuit Court
23to be used to offset the costs incurred by the Circuit Court
24Clerk in performing the additional duties required to collect
25and disburse funds to entities of State and local government as
26provided by law.

HB4228- 15 -LRB099 12742 RLC 36535 b
1 (j) Any person convicted of, pleading guilty to, or placed
2on supervision for a serious traffic violation, as defined in
3Section 1-187.001 of the Illinois Vehicle Code, a violation of
4Section 11-501 of the Illinois Vehicle Code, or a violation of
5a similar provision of a local ordinance shall pay an
6additional fee of $35, to be disbursed as provided in Section
716-104d of that Code.
8 This subsection (j) becomes inoperative on January 1, 2020.
9 (k) For any conviction or disposition of court supervision
10for a violation of Section 11-1429 of the Illinois Vehicle
11Code, the circuit clerk shall distribute the fines paid by the
12person as specified by subsection (h) of Section 11-1429 of the
13Illinois Vehicle Code.
14 (l) Any person who receives a disposition of court
15supervision for a violation of Section 11-501 of the Illinois
16Vehicle Code or a similar provision of a local ordinance shall,
17in addition to any other fines, fees, and court costs, pay an
18additional fee of $50, which shall be collected by the circuit
19clerk and then remitted to the State Treasurer for deposit into
20the Roadside Memorial Fund, a special fund in the State
21treasury. However, the court may waive the fee if full
22restitution is complied with. Subject to appropriation, all
23moneys in the Roadside Memorial Fund shall be used by the
24Department of Transportation to pay fees imposed under
25subsection (f) of Section 20 of the Roadside Memorial Act. The
26fee shall be remitted by the circuit clerk within one month

HB4228- 16 -LRB099 12742 RLC 36535 b
1after receipt to the State Treasurer for deposit into the
2Roadside Memorial Fund.
3 (m) Of the amounts collected as fines under subsection (c)
4of Section 411.4 of the Illinois Controlled Substances Act or
5subsection (c) of Section 90 of the Methamphetamine Control and
6Community Protection Act, 99% shall be deposited to the law
7enforcement agency or fund specified and 1% shall be deposited
8into the Circuit Court Clerk Operation and Administrative Fund
9to be used to offset the costs incurred by the Circuit Court
10Clerk in performing the additional duties required to collect
11and disburse funds to entities of State and local government as
12provided by law.
13 (n) In addition to any other fines and court costs assessed
14by the courts, any person who is convicted of or pleads guilty
15to a violation of the Criminal Code of 1961 or the Criminal
16Code of 2012, or a similar provision of a local ordinance, or
17who is convicted of, pleads guilty to, or receives a
18disposition of court supervision for a violation of the
19Illinois Vehicle Code, or a similar provision of a local
20ordinance, shall pay an additional fee of $15 to the clerk of
21the circuit court. This additional fee of $15 shall not be
22considered a part of the fine for purposes of any reduction in
23the fine for time served either before or after sentencing.
24This amount, less 2.5% that shall be used to defray
25administrative costs incurred by the clerk, shall be remitted
26by the clerk to the State Treasurer within 60 days after

HB4228- 17 -LRB099 12742 RLC 36535 b
1receipt for deposit into the State Police Merit Board Public
2Safety Fund.
3 (o) The amounts collected as fines under Sections 10-9,
411-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
5be collected by the circuit clerk and distributed as provided
6under Section 5-9-1.21 of the Unified Code of Corrections in
7lieu of any disbursement under subsection (a) of this Section.
8(Source: P.A. 97-434, eff. 1-1-12; 97-1051, eff. 1-1-13;
997-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff.
106-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.)
11 (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
1296-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
1398-658, and 98-1013)
14 Sec. 27.6. (a) All fees, fines, costs, additional
15penalties, bail balances assessed or forfeited, and any other
16amount paid by a person to the circuit clerk equalling an
17amount of $55 or more, except portions of fines imposed under
18Section 12C-75 of the Criminal Code of 2012 to pay for the
19costs of prosecution and the purchase of a certificate of
20deposit under that Section, the fine imposed by Section
215-9-1.15 of the Unified Code of Corrections, the additional fee
22required by subsections (b) and (c), restitution under Section
235-5-6 of the Unified Code of Corrections, contributions to a
24local anti-crime program ordered pursuant to Section
255-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of

HB4228- 18 -LRB099 12742 RLC 36535 b
1Corrections, reimbursement for the costs of an emergency
2response as provided under Section 11-501 of the Illinois
3Vehicle Code, any fees collected for attending a traffic safety
4program under paragraph (c) of Supreme Court Rule 529, any fee
5collected on behalf of a State's Attorney under Section 4-2002
6of the Counties Code or a sheriff under Section 4-5001 of the
7Counties Code, or any cost imposed under Section 124A-5 of the
8Code of Criminal Procedure of 1963, for convictions, orders of
9supervision, or any other disposition for a violation of
10Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
11similar provision of a local ordinance, and any violation of
12the Child Passenger Protection Act, or a similar provision of a
13local ordinance, and except as otherwise provided in this
14Section shall be disbursed within 60 days after receipt by the
15circuit clerk as follows: 44.5% shall be disbursed to the
16entity authorized by law to receive the fine imposed in the
17case; 16.825% shall be disbursed to the State Treasurer; and
1838.675% shall be disbursed to the county's general corporate
19fund. Of the 16.825% disbursed to the State Treasurer, 2/17
20shall be deposited by the State Treasurer into the Violent
21Crime Victims Assistance Fund, 5.052/17 shall be deposited into
22the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
23be deposited into the Drivers Education Fund, and 6.948/17
24shall be deposited into the Trauma Center Fund. Of the 6.948/17
25deposited into the Trauma Center Fund from the 16.825%
26disbursed to the State Treasurer, 50% shall be disbursed to the

HB4228- 19 -LRB099 12742 RLC 36535 b
1Department of Public Health and 50% shall be disbursed to the
2Department of Healthcare and Family Services. For fiscal year
31993, amounts deposited into the Violent Crime Victims
4Assistance Fund, the Traffic and Criminal Conviction Surcharge
5Fund, or the Drivers Education Fund shall not exceed 110% of
6the amounts deposited into those funds in fiscal year 1991. Any
7amount that exceeds the 110% limit shall be distributed as
8follows: 50% shall be disbursed to the county's general
9corporate fund and 50% shall be disbursed to the entity
10authorized by law to receive the fine imposed in the case. Not
11later than March 1 of each year the circuit clerk shall submit
12a report of the amount of funds remitted to the State Treasurer
13under this Section during the preceding year based upon
14independent verification of fines and fees. All counties shall
15be subject to this Section, except that counties with a
16population under 2,000,000 may, by ordinance, elect not to be
17subject to this Section. For offenses subject to this Section,
18judges shall impose one total sum of money payable for
19violations. The circuit clerk may add on no additional amounts
20except for amounts that are required by Sections 27.3a and
2127.3c of this Act, Section 16-104c of the Illinois Vehicle
22Code, and subsection (a) of Section 5-1101 of the Counties
23Code, unless those amounts are specifically waived by the
24judge. With respect to money collected by the circuit clerk as
25a result of forfeiture of bail, ex parte judgment or guilty
26plea pursuant to Supreme Court Rule 529, the circuit clerk

HB4228- 20 -LRB099 12742 RLC 36535 b
1shall first deduct and pay amounts required by Sections 27.3a
2and 27.3c of this Act. Unless a court ordered payment schedule
3is implemented or fee requirements are waived pursuant to court
4order, the clerk of the court may add to any unpaid fees and
5costs a delinquency amount equal to 5% of the unpaid fees that
6remain unpaid after 30 days, 10% of the unpaid fees that remain
7unpaid after 60 days, and 15% of the unpaid fees that remain
8unpaid after 90 days. Notice to those parties may be made by
9signage posting or publication. The additional delinquency
10amounts collected under this Section shall be deposited in the
11Circuit Court Clerk Operation and Administrative Fund to be
12used to defray administrative costs incurred by the circuit
13clerk in performing the duties required to collect and disburse
14funds. This Section is a denial and limitation of home rule
15powers and functions under subsection (h) of Section 6 of
16Article VII of the Illinois Constitution.
17 (b) In addition to any other fines and court costs assessed
18by the courts, any person convicted or receiving an order of
19supervision for driving under the influence of alcohol or drugs
20shall pay an additional fee of $100 to the clerk of the circuit
21court. This amount, less 2 1/2% that shall be used to defray
22administrative costs incurred by the clerk, shall be remitted
23by the clerk to the Treasurer within 60 days after receipt for
24deposit into the Trauma Center Fund. This additional fee of
25$100 shall not be considered a part of the fine for purposes of
26any reduction in the fine for time served either before or

HB4228- 21 -LRB099 12742 RLC 36535 b
1after sentencing. Not later than March 1 of each year the
2Circuit Clerk shall submit a report of the amount of funds
3remitted to the State Treasurer under this subsection during
4the preceding calendar year.
5 (b-1) In addition to any other fines and court costs
6assessed by the courts, any person convicted or receiving an
7order of supervision for driving under the influence of alcohol
8or drugs shall pay an additional fee of $5 to the clerk of the
9circuit court. This amount, less 2 1/2% that shall be used to
10defray administrative costs incurred by the clerk, shall be
11remitted by the clerk to the Treasurer within 60 days after
12receipt for deposit into the Spinal Cord Injury Paralysis Cure
13Research Trust Fund. This additional fee of $5 shall not be
14considered a part of the fine for purposes of any reduction in
15the fine for time served either before or after sentencing. Not
16later than March 1 of each year the Circuit Clerk shall submit
17a report of the amount of funds remitted to the State Treasurer
18under this subsection during the preceding calendar year.
19 (c) In addition to any other fines and court costs assessed
20by the courts, any person convicted for a violation of Sections
2124-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
22Criminal Code of 2012 or a person sentenced for a violation of
23the Cannabis Control Act, the Illinois Controlled Substances
24Act, or the Methamphetamine Control and Community Protection
25Act shall pay an additional fee of $100 to the clerk of the
26circuit court. This amount, less 2 1/2% that shall be used to

HB4228- 22 -LRB099 12742 RLC 36535 b
1defray administrative costs incurred by the clerk, shall be
2remitted by the clerk to the Treasurer within 60 days after
3receipt for deposit into the Trauma Center Fund. This
4additional fee of $100 shall not be considered a part of the
5fine for purposes of any reduction in the fine for time served
6either before or after sentencing. Not later than March 1 of
7each year the Circuit Clerk shall submit a report of the amount
8of funds remitted to the State Treasurer under this subsection
9during the preceding calendar year.
10 (c-1) In addition to any other fines and court costs
11assessed by the courts, any person sentenced for a violation of
12the Cannabis Control Act, the Illinois Controlled Substances
13Act, or the Methamphetamine Control and Community Protection
14Act shall pay an additional fee of $5 to the clerk of the
15circuit court. This amount, less 2 1/2% that shall be used to
16defray administrative costs incurred by the clerk, shall be
17remitted by the clerk to the Treasurer within 60 days after
18receipt for deposit into the Spinal Cord Injury Paralysis Cure
19Research Trust Fund. This additional fee of $5 shall not be
20considered a part of the fine for purposes of any reduction in
21the fine for time served either before or after sentencing. Not
22later than March 1 of each year the Circuit Clerk shall submit
23a report of the amount of funds remitted to the State Treasurer
24under this subsection during the preceding calendar year.
25 (d) The following amounts must be remitted to the State
26Treasurer for deposit into the Illinois Animal Abuse Fund:

HB4228- 23 -LRB099 12742 RLC 36535 b
1 (1) 50% of the amounts collected for felony offenses
2 under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
3 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
4 Animals Act and Section 26-5 or 48-1 of the Criminal Code
5 of 1961 or the Criminal Code of 2012;
6 (2) 20% of the amounts collected for Class A and Class
7 B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
8 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
9 for Animals Act and Section 26-5 or 48-1 of the Criminal
10 Code of 1961 or the Criminal Code of 2012; and
11 (3) 50% of the amounts collected for Class C
12 misdemeanors under Sections 4.01 and 7.1 of the Humane Care
13 for Animals Act and Section 26-5 or 48-1 of the Criminal
14 Code of 1961 or the Criminal Code of 2012.
15 (e) Any person who receives a disposition of court
16supervision for a violation of the Illinois Vehicle Code or a
17similar provision of a local ordinance shall, in addition to
18any other fines, fees, and court costs, pay an additional fee
19of $29, to be disbursed as provided in Section 16-104c of the
20Illinois Vehicle Code. In addition to the fee of $29, the
21person shall also pay a fee of $6, if not waived by the court.
22If this $6 fee is collected, $5.50 of the fee shall be
23deposited into the Circuit Court Clerk Operation and
24Administrative Fund created by the Clerk of the Circuit Court
25and 50 cents of the fee shall be deposited into the Prisoner
26Review Board Vehicle and Equipment Fund in the State treasury.

HB4228- 24 -LRB099 12742 RLC 36535 b
1 (f) This Section does not apply to the additional child
2pornography fines assessed and collected under Section
35-9-1.14 of the Unified Code of Corrections.
4 (g) Any person convicted of or pleading guilty to a serious
5traffic violation, as defined in Section 1-187.001 of the
6Illinois Vehicle Code, shall pay an additional fee of $35, to
7be disbursed as provided in Section 16-104d of that Code. This
8subsection (g) becomes inoperative on January 1, 2020.
9 (h) In all counties having a population of 3,000,000 or
10more inhabitants,
11 (1) A person who is found guilty of or pleads guilty to
12 violating subsection (a) of Section 11-501 of the Illinois
13 Vehicle Code, including any person placed on court
14 supervision for violating subsection (a), shall be fined
15 $750 as provided for by subsection (f) of Section 11-501.01
16 of the Illinois Vehicle Code, payable to the circuit clerk,
17 who shall distribute the money pursuant to subsection (f)
18 of Section 11-501.01 of the Illinois Vehicle Code.
19 (2) When a crime laboratory DUI analysis fee of $150,
20 provided for by Section 5-9-1.9 of the Unified Code of
21 Corrections is assessed, it shall be disbursed by the
22 circuit clerk as provided by subsection (f) of Section
23 5-9-1.9 of the Unified Code of Corrections.
24 (3) When a fine for a violation of Section 11-605.1 of
25 the Illinois Vehicle Code is $250 or greater, the person
26 who violated that Section shall be charged an additional

HB4228- 25 -LRB099 12742 RLC 36535 b
1 $125 as provided for by subsection (e) of Section 11-605.1
2 of the Illinois Vehicle Code, which shall be disbursed by
3 the circuit clerk to a State or county Transportation
4 Safety Highway Hire-back Fund as provided by subsection (e)
5 of Section 11-605.1 of the Illinois Vehicle Code.
6 (4) When a fine for a violation of subsection (a) of
7 Section 11-605 of the Illinois Vehicle Code is $150 or
8 greater, the additional $50 which is charged as provided
9 for by subsection (f) of Section 11-605 of the Illinois
10 Vehicle Code shall be disbursed by the circuit clerk to a
11 school district or districts for school safety purposes as
12 provided by subsection (f) of Section 11-605.
13 (5) When a fine for a violation of subsection (a) of
14 Section 11-1002.5 of the Illinois Vehicle Code is $150 or
15 greater, the additional $50 which is charged as provided
16 for by subsection (c) of Section 11-1002.5 of the Illinois
17 Vehicle Code shall be disbursed by the circuit clerk to a
18 school district or districts for school safety purposes as
19 provided by subsection (c) of Section 11-1002.5 of the
20 Illinois Vehicle Code.
21 (6) When a mandatory drug court fee of up to $5 is
22 assessed as provided in subsection (f) of Section 5-1101 of
23 the Counties Code, it shall be disbursed by the circuit
24 clerk as provided in subsection (f) of Section 5-1101 of
25 the Counties Code.
26 (7) When a mandatory teen court, peer jury, youth

HB4228- 26 -LRB099 12742 RLC 36535 b
1 court, or other youth diversion program fee is assessed as
2 provided in subsection (e) of Section 5-1101 of the
3 Counties Code, it shall be disbursed by the circuit clerk
4 as provided in subsection (e) of Section 5-1101 of the
5 Counties Code.
6 (8) When a Children's Advocacy Center fee is assessed
7 pursuant to subsection (f-5) of Section 5-1101 of the
8 Counties Code, it shall be disbursed by the circuit clerk
9 as provided in subsection (f-5) of Section 5-1101 of the
10 Counties Code.
11 (9) When a victim impact panel fee is assessed pursuant
12 to subsection (b) of Section 11-501.01 of the Vehicle Code,
13 it shall be disbursed by the circuit clerk to the victim
14 impact panel to be attended by the defendant.
15 (10) When a new fee collected in traffic cases is
16 enacted after the effective date of this subsection (h), it
17 shall be excluded from the percentage disbursement
18 provisions of this Section unless otherwise indicated by
19 law.
20 (i) Of the amounts collected as fines under subsection (b)
21of Section 3-712 of the Illinois Vehicle Code, 99% shall be
22deposited into the Illinois Military Family Relief Fund and 1%
23shall be deposited into the Circuit Court Clerk Operation and
24Administrative Fund created by the Clerk of the Circuit Court
25to be used to offset the costs incurred by the Circuit Court
26Clerk in performing the additional duties required to collect

HB4228- 27 -LRB099 12742 RLC 36535 b
1and disburse funds to entities of State and local government as
2provided by law.
3 (j) (Blank).
4 (k) For any conviction or disposition of court supervision
5for a violation of Section 11-1429 of the Illinois Vehicle
6Code, the circuit clerk shall distribute the fines paid by the
7person as specified by subsection (h) of Section 11-1429 of the
8Illinois Vehicle Code.
9 (l) Any person who receives a disposition of court
10supervision for a violation of Section 11-501 of the Illinois
11Vehicle Code or a similar provision of a local ordinance shall,
12in addition to any other fines, fees, and court costs, pay an
13additional fee of $50, which shall be collected by the circuit
14clerk and then remitted to the State Treasurer for deposit into
15the Roadside Memorial Fund, a special fund in the State
16treasury. However, the court may waive the fee if full
17restitution is complied with. Subject to appropriation, all
18moneys in the Roadside Memorial Fund shall be used by the
19Department of Transportation to pay fees imposed under
20subsection (f) of Section 20 of the Roadside Memorial Act. The
21fee shall be remitted by the circuit clerk within one month
22after receipt to the State Treasurer for deposit into the
23Roadside Memorial Fund.
24 (m) Of the amounts collected as fines under subsection (c)
25of Section 411.4 of the Illinois Controlled Substances Act or
26subsection (c) of Section 90 of the Methamphetamine Control and

HB4228- 28 -LRB099 12742 RLC 36535 b
1Community Protection Act, 99% shall be deposited to the law
2enforcement agency or fund specified and 1% shall be deposited
3into the Circuit Court Clerk Operation and Administrative Fund
4to be used to offset the costs incurred by the Circuit Court
5Clerk in performing the additional duties required to collect
6and disburse funds to entities of State and local government as
7provided by law.
8 (n) In addition to any other fines and court costs assessed
9by the courts, any person who is convicted of or pleads guilty
10to a violation of the Criminal Code of 1961 or the Criminal
11Code of 2012, or a similar provision of a local ordinance, or
12who is convicted of, pleads guilty to, or receives a
13disposition of court supervision for a violation of the
14Illinois Vehicle Code, or a similar provision of a local
15ordinance, shall pay an additional fee of $15 to the clerk of
16the circuit court. This additional fee of $15 shall not be
17considered a part of the fine for purposes of any reduction in
18the fine for time served either before or after sentencing.
19This amount, less 2.5% that shall be used to defray
20administrative costs incurred by the clerk, shall be remitted
21by the clerk to the State Treasurer within 60 days after
22receipt for deposit into the State Police Merit Board Public
23Safety Fund.
24 (o) The amounts collected as fines under Sections 10-9,
2511-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
26be collected by the circuit clerk and distributed as provided

HB4228- 29 -LRB099 12742 RLC 36535 b
1under Section 5-9-1.21 of the Unified Code of Corrections in
2lieu of any disbursement under subsection (a) of this Section.
3(Source: P.A. 97-434, eff. 1-1-12; 97-1051, eff. 1-1-13;
497-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff.
56-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.)
6 Section 10. The Criminal Code of 2012 is amended by adding
7Section 12C-75 as follows:
8 (720 ILCS 5/12C-75 new)
9 Sec. 12C-75. Parental cyber-bullying.
10 (a) As used in this Section:
11 "Electronic communication" has the meaning ascribed to
12 it in paragraph (2) of subsection (c) of Section 12-7.5 of
13 this Code.
14 "Emotional distress" has the meaning ascribed to it in
15 paragraph (3) of subsection (c) of Section 12-7.5 of this
16 Code.
17 "Harass" has the meaning ascribed to it in paragraph
18 (4) of subsection (c) of Section 12-7.5 of this Code.
19 "Social media" means websites and other online means of
20 communication that are used by large groups of people to
21 share information and to develop social and professional
22 contacts, including, but not limited to, Facebook,
23 Twitter, Pinterest, Instagram, and Myspace.
24 (b) A person commits parental cyber-bullying when he or

HB4228- 30 -LRB099 12742 RLC 36535 b
1she:
2 (1) is a parent or legal guardian of a minor who is
3 under 18 years of age at the time of the commission of the
4 offense; and
5 (2) with the intent to discipline, embarrass, or alter
6 the behavior of that minor, transmits, using electronic
7 communication, any verbal or visual message posted on
8 social media that the parent or legal guardian reasonably
9 believes would coerce, intimidate, harass, or cause
10 substantial emotional distress to the minor.
11 (c) Sentence. Parental cyber-bullying is a petty offense.
12If a person is convicted of parental cyber-bullying, the court
13shall order that person to pay for the costs of prosecution
14under Section 124A-5 of the Code of Criminal Procedure of 1963
15and that a portion of the fine, as determined by the court, be
16placed in escrow for the purchase of a certificate of deposit
17for use by the minor victim when he or she attains 18 years of
18age.