102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4056
 
Introduced , by Rep. Angelica Guerrero-Cuellar
 
SYNOPSIS AS INTRODUCED:



  
705 ILCS 135/15-70
720 ILCS 5/24-3A
720 ILCS 5/24-3B

 Amends the Crime and Traffic Assessment Act. Provides that the court shall also order payment of a conditional assessment of $500 for a violation of gunrunning and firearm trafficking which shall be collected and remitted by the Clerk of the Circuit Court to the State Treasurer for deposit into the Traffic and Criminal Conviction Surcharge Fund to be used for grants by the Illinois Law Enforcement Training Standards Board to units of local government to purchase bulletproof vests for local police departments and to hire peace officers. Makes conforming changes to the Criminal Code of 2012.



LRB102 15096 KMF 20451 b


FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB4056LRB102 15096 KMF 20451 b



1 AN ACT concerning courts.


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

3represented in the General Assembly:



4 Section 5. The Criminal and Traffic Assessment Act is 
5amended by changing Section 15-70 as follows:

6 (705 ILCS 135/15-70)

7 (Section scheduled to be repealed on January 1, 2022)
8 Sec. 15-70. Conditional assessments. In addition to 
9payments under one of the Schedule of Assessments 1 through 13 
10of this Act, the court shall also order payment of any of the 
11following conditional assessment amounts for each sentenced 
12violation in the case to which a conditional assessment is 
13applicable, which shall be collected and remitted by the Clerk 
14of the Circuit Court as provided in this Section:
15  (1) arson, residential arson, or aggravated arson, 
16 $500 per conviction to the State Treasurer for deposit 
17 into the Fire Prevention Fund;
18  (2) child pornography under Section 11-20.1 of the 
19 Criminal Code of 1961 or the Criminal Code of 2012, $500 
20 per conviction, unless more than one agency is responsible 
21 for the arrest in which case the amount shall be remitted 
22 to each unit of government equally:
23   (A) if the arresting agency is an agency of a unit 
 
 
HB4056- 2 -LRB102 15096 KMF 20451 b


1 of local government, $500 to the treasurer of the unit 
2 of local government for deposit into the unit of local 
3 government's General Fund, except that if the 
4 Department of State Police provides digital or 
5 electronic forensic examination assistance, or both, 
6 to the arresting agency then $100 to the State 
7 Treasurer for deposit into the State Crime Laboratory 
8 Fund; or
9   (B) if the arresting agency is the Department of 
10 State Police, $500 to the State Treasurer for deposit 
11 into the State Crime Laboratory Fund;
12  (3)
crime laboratory drug analysis for a drug-related 
13 offense involving possession or delivery of cannabis or 
14 possession or delivery of a controlled substance as 
15 defined in the Cannabis Control Act, the Illinois 
16 Controlled Substances Act, or the Methamphetamine Control 
17 and Community Protection Act, $100 reimbursement for 
18 laboratory analysis, as set forth in subsection (f) of 
19 Section 5-9-1.4 of the Unified Code of Corrections;
20  (4)
DNA analysis, $250 on each conviction in which it 
21 was used to the State Treasurer for deposit into the State 
22 Offender DNA Identification System Fund as set forth in 
23 Section 5-4-3 of the Unified Code of Corrections;
24  (5)
DUI analysis, $150 on each sentenced violation in 
25 which it was used as set forth in subsection (f) of Section 
26 5-9-1.9 of the Unified Code of Corrections;
 
 
HB4056- 3 -LRB102 15096 KMF 20451 b


1  (6) drug-related
offense involving possession or 
2 delivery of cannabis or possession or delivery
of a 
3 controlled substance, other than methamphetamine, as 
4 defined in the Cannabis Control Act
or the Illinois 
5 Controlled Substances Act, an amount not less than
the 
6 full street value of the cannabis or controlled substance 
7 seized for each conviction to be disbursed as follows:
8   (A) 12.5% of the street value assessment shall be 
9 paid into the Youth Drug Abuse Prevention Fund, to be 
10 used by the Department of Human Services for the 
11 funding of programs and services for drug-abuse 
12 treatment, and prevention and education services;
13   (B) 37.5% to the county in which the charge was 
14 prosecuted, to be deposited into the county General 
15 Fund;
16   (C) 50% to the treasurer of the arresting law 
17 enforcement agency of the municipality or county, or 
18 to the State Treasurer if the arresting agency was a 
19 state agency;
20   (D) if the arrest was made in combination with 
21 multiple law enforcement agencies, the clerk shall 
22 equitably allocate the portion in subparagraph (C) of 
23 this paragraph (6) among the law enforcement agencies 
24 involved in the arrest;
25  (6.5) Kane County or Will County, in felony, 
26 misdemeanor, local or county ordinance, traffic, or 
 
 
HB4056- 4 -LRB102 15096 KMF 20451 b


1 conservation cases, up to $30 as set by the county board 
2 under Section 5-1101.3 of the Counties Code upon the entry 
3 of a judgment of conviction, an order of supervision, or a 
4 sentence of probation without entry of judgment under 
5 Section 10 of the Cannabis Control Act, Section 410 of the 
6 Illinois Controlled Substances Act, Section 70 of the 
7 Methamphetamine Control and Community Protection Act, 
8 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of 
9 the Criminal Code of 1961 or the Criminal Code of 2012, 
10 Section 10-102 of the Illinois Alcoholism and Other Drug 
11 Dependency Act, or Section 10 of the Steroid Control Act; 
12 except in local or county ordinance, traffic, and 
13 conservation cases, if fines are paid in full without a 
14 court appearance, then the assessment shall not be imposed 
15 or collected. Distribution of assessments collected under 
16 this paragraph (6.5) shall be as provided in Section 
17 5-1101.3 of the Counties Code;
18  (7) methamphetamine-related
offense involving 
19 possession or delivery of methamphetamine or any salt of 
20 an optical isomer of methamphetamine or possession of a 
21 methamphetamine manufacturing material as set forth in 
22 Section 10 of the Methamphetamine Control and Community 
23 Protection Act with the intent to manufacture a substance 
24 containing methamphetamine or salt of an optical isomer of 
25 methamphetamine, an amount not less than
the full street 
26 value of the methamphetamine or salt of an optical isomer 
 
 
HB4056- 5 -LRB102 15096 KMF 20451 b


1 of methamphetamine or methamphetamine manufacturing 
2 materials seized for each conviction to be disbursed as 
3 follows:
4   (A) 12.5% of the street value assessment shall be 
5 paid into the Youth Drug Abuse Prevention Fund, to be 
6 used by the Department of Human Services for the 
7 funding of programs and services for drug-abuse 
8 treatment, and prevention and education services;
9   (B) 37.5% to the county in which the charge was 
10 prosecuted, to be deposited into the county General 
11 Fund;
12   (C) 50% to the treasurer of the arresting law 
13 enforcement agency of the municipality or county, or 
14 to the State Treasurer if the arresting agency was a 
15 state agency;
16   (D) if the arrest was made in combination with 
17 multiple law enforcement agencies, the clerk shall 
18 equitably allocate the portion in subparagraph (C) of 
19 this paragraph (6) among the law enforcement agencies 
20 involved in the arrest;
21  (8)
order of protection violation under Section 12-3.4 
22 of the Criminal Code of 2012, $200 for each conviction to 
23 the county treasurer for deposit into the Probation and 
24 Court Services Fund for implementation of a domestic 
25 violence surveillance program and any other assessments or 
26 fees imposed under Section 5-9-1.16 of the Unified Code of 
 
 
HB4056- 6 -LRB102 15096 KMF 20451 b


1 Corrections;
2  (9)
order of protection violation, $25 for each 
3 violation to the State Treasurer, for deposit into the 
4 Domestic Violence Abuser Services Fund;
5  (10)
prosecution by the State's Attorney of a:
6   (A) petty or business offense, $4 to the county 
7 treasurer of which $2 deposited into the State's 
8 Attorney Records Automation Fund and $2 into the 
9 Public Defender Records Automation Fund;
10   (B) conservation or traffic offense, $2 to the 
11 county treasurer for deposit into the State's Attorney 
12 Records Automation Fund;
13  (11) speeding in a construction zone violation, $250 
14 to the State Treasurer for deposit into the Transportation 
15 Safety Highway Hire-back Fund, unless (i) the violation 
16 occurred on a highway other than an interstate highway and 
17 (ii) a county police officer wrote the ticket for the 
18 violation, in which case to the county treasurer for 
19 deposit into that county's Transportation Safety Highway 
20 Hire-back Fund;
21  (12) supervision disposition on an offense under the 
22 Illinois Vehicle Code or similar provision of a local 
23 ordinance, 50 cents, unless waived by the court, into the 
24 Prisoner Review Board Vehicle and Equipment Fund;
25  (13) victim and offender are family or household 
26 members as defined in Section 103 of the Illinois Domestic 
 
 
HB4056- 7 -LRB102 15096 KMF 20451 b


1 Violence Act of 1986 and offender pleads guilty
or no 
2 contest to or is convicted of murder, voluntary 
3 manslaughter,
involuntary manslaughter, burglary, 
4 residential burglary, criminal trespass
to residence, 
5 criminal trespass to vehicle, criminal trespass to land,

6 criminal damage to property, telephone harassment, 
7 kidnapping, aggravated
kidnaping, unlawful restraint, 
8 forcible detention, child abduction,
indecent solicitation 
9 of a child, sexual relations between siblings,

10 exploitation of a child, child pornography, assault, 
11 aggravated assault,
battery, aggravated battery, heinous 
12 battery, aggravated battery of a
child, domestic battery, 
13 reckless conduct, intimidation, criminal sexual
assault, 
14 predatory criminal sexual assault of a child, aggravated 
15 criminal
sexual assault, criminal sexual abuse,
aggravated 
16 criminal sexual abuse, violation of an order of 
17 protection,
disorderly conduct, endangering the life or 
18 health of a child, child
abandonment, contributing to 
19 dependency or neglect of child, or cruelty to
children and 
20 others, $200 for each sentenced violation to the State 
21 Treasurer
for deposit as follows: (i) for sexual assault, 
22 as defined in Section 5-9-1.7 of the Unified Code of 
23 Corrections, when
the offender and victim are family 
24 members, one-half to the Domestic Violence
Shelter and 
25 Service Fund, and one-half to the Sexual Assault Services 
26 Fund;
(ii) for the remaining offenses to the Domestic 
 
 
HB4056- 8 -LRB102 15096 KMF 20451 b


1 Violence Shelter and Service
Fund;
2  (14)
violation of Section 11-501 of the Illinois 
3 Vehicle Code, Section 5-7 of the Snowmobile Registration 
4 and Safety Act, Section 5-16 of the Boat Registration and 
5 Safety Act, or a similar provision, whose operation of a 
6 motor vehicle, snowmobile, or watercraft while in 
7 violation of Section 11-501, Section 5-7 of the Snowmobile 
8 Registration and Safety Act, Section 5-16 of the Boat 
9 Registration and Safety Act, or a similar provision 
10 proximately caused an incident resulting in an appropriate 
11 emergency response, $1,000 maximum to the public agency 
12 that provided an emergency response related to the 
13 person's violation, and if more than one
agency responded, 
14 the amount payable to public agencies shall be shared 
15 equally;
16  (15)
violation of Section 401, 407, or 407.2 of the 
17 Illinois Controlled Substances Act that proximately caused 
18 any incident resulting in an appropriate drug-related 
19 emergency response, $1,000 as reimbursement for the 
20 emergency response to the law enforcement agency that
made 
21 the arrest, and if more than one
agency is responsible for 
22 the arrest, the amount payable to law
enforcement agencies 
23 shall be shared equally;
24  (16)
violation of reckless driving, aggravated 
25 reckless driving, or driving 26 miles per hour or more in 
26 excess of the speed limit that triggered an emergency 
 
 
HB4056- 9 -LRB102 15096 KMF 20451 b


1 response, $1,000 maximum reimbursement for the emergency 
2 response to be distributed in its entirety to a public 
3 agency that provided an emergency response related to the 
4 person's violation, and if more than one
agency responded, 
5 the amount payable to public agencies shall be shared 
6 equally;
7  (17) violation based upon each plea of guilty, 
8 stipulation of facts, or finding of guilt resulting in a 
9 judgment of conviction or order of supervision for an 
10 offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of 
11 the Criminal Code of 2012 that results in the imposition 
12 of a fine, to be distributed as follows:

13   (A) $50 to the county treasurer for deposit into 
14 the Circuit Court Clerk Operation and Administrative 
15 Fund to cover the costs in administering this 
16 paragraph (17);

17   (B) $300 to the State Treasurer who shall deposit 
18 the portion as follows:

19    (i) if the arresting or investigating agency 
20 is the Department of State
Police, into the State 
21 Police Law Enforcement Administration Fund;

22    (ii) if the arresting or investigating agency 
23 is the Department of
Natural Resources, into the 
24 Conservation Police Operations Assistance Fund;

25    (iii) if the arresting or investigating agency 
26 is the Secretary of State,
into the Secretary of 
 
 
HB4056- 10 -LRB102 15096 KMF 20451 b


1 State Police Services Fund;

2    (iv) if the arresting or investigating agency 
3 is the Illinois Commerce
Commission, into the 
4 Transportation Regulatory Fund; or

5    (v) if more than one of the State agencies in 
6 this subparagraph (B) is the arresting or 
7 investigating agency, then equal shares with the 
8 shares deposited as provided in the applicable 
9 items (i) through (iv) of this subparagraph (B); 
10 and
11   (C) the remainder for deposit into the Specialized 
12 Services for Survivors of Human Trafficking Fund;

13  (17.5) violation of Section 24-3A or Section 24-3B of 
14 the Criminal Code of 2012, $500 for each conviction to the 
15 State Treasurer for deposit into the Traffic and Criminal 
16 Conviction Surcharge Fund to be used for grants by the 
17 Illinois Law Enforcement Training Standards Board to units 
18 of local government to purchase bulletproof vests for 
19 local police departments and to hire peace officers; and 
20  (18) weapons violation under Section 24-1.1, 24-1.2, 
21 or 24-1.5 of the Criminal Code of 1961 or the Criminal Code 
22 of 2012, $100 for each conviction to the State Treasurer 
23 for deposit into the Trauma Center Fund; and

24  (19) violation of subsection (c) of Section 11-907 of 
25 the Illinois Vehicle Code, $250 to the State Treasurer for 
26 deposit into the Scott's Law Fund, unless a county or 
 
 
HB4056- 11 -LRB102 15096 KMF 20451 b


1 municipal police officer wrote the ticket for the 
2 violation, in which case to the county treasurer for 
3 deposit into that county's or municipality's 
4 Transportation Safety Highway Hire-back Fund to be used as 
5 provided in subsection (j) of Section 11-907 of the 
6 Illinois Vehicle Code.
7(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19; 
8101-173, eff. 1-1-20; 101-636, eff. 6-10-20.)

9 Section 10. The Criminal Code of 2012 is amended by 
10changing Sections 24-3A and 24-3B as follows:




11 (720 ILCS 5/24-3A)



12 Sec. 24-3A. Gunrunning. 

13 (a) A person commits gunrunning when he or she transfers 3 
14or
more firearms in violation of any of the paragraphs of 
15Section 24-3 of this
Code.

16 (b) Sentence. A person who commits gunrunning:
17  (1) is guilty of a Class 1
felony;
18  (2) is guilty of a Class X felony for which the 
19 sentence shall be a term of imprisonment of not less than 8 
20 years and not more than 40 years if the transfer is of not 
21 less than 11 firearms and not more than 20 firearms;
22  (3) is guilty of a Class X felony for which the 
23 sentence shall be a term of imprisonment of not less than 
24 10 years and not more than 50 years if the transfer is of 
 
 
HB4056- 12 -LRB102 15096 KMF 20451 b


1 more than 20 firearms.
2A person who commits gunrunning by transferring firearms to a 
3person
who, at the time of the commission of the offense, is 
4under 18 years of age is
guilty of a Class X felony.

5 (c) In addition to any other penalties, a person convicted 
6of gunrunning shall pay an assessment of $500 to the clerk 
7which shall be forwarded to the State Treasurer. The 
8assessment shall be deposited into the Traffic and Criminal 
9Conviction Surcharge Fund to be used for grants by the 
10Illinois Law Enforcement Training Standards Board to units of 
11local government to purchase bulletproof vests for local 
12police departments and to hire peace officers. 
13(Source: P.A. 93-906, eff. 8-11-04.)


14 (720 ILCS 5/24-3B)
15 Sec. 24-3B. Firearms trafficking.
16 (a) A person commits firearms trafficking when he or she 
17has not been issued a currently valid Firearm Owner's 
18Identification Card and knowingly:
19  (1) brings, or causes to be brought, into this State, 
20 a firearm or firearm ammunition for the purpose of sale, 
21 delivery, or transfer to any other person or with the 
22 intent to sell, deliver, or transfer the firearm or 
23 firearm ammunition to any other person; or
24  (2) brings, or causes to be brought, into this State, 
25 a firearm and firearm ammunition for the purpose of sale, 
 
 
HB4056- 13 -LRB102 15096 KMF 20451 b


1 delivery, or transfer to any other person or with the 
2 intent to sell, deliver, or transfer the firearm and 
3 firearm ammunition to any other person.
4 (a-5) This Section does not apply to: 
5  (1) a person exempt under Section 2 of the Firearm 
6 Owners Identification Card Act from the requirement of 
7 having possession of a Firearm Owner's Identification Card 
8 previously issued in his or her name by the Department of 
9 State Police in order to acquire or possess a firearm or 
10 firearm ammunition; 
11  (2) a common carrier under subsection (i) of Section 
12 24-2 of this Code; or 
13  (3) a non-resident who may lawfully possess a firearm 
14 in his or her resident state. 
15 (b) Sentence.
16  (1) Firearms trafficking is a Class 1 felony for which 
17 the person, if sentenced to a term of imprisonment, shall 
18 be sentenced to not less than 4 years and not more than 20 
19 years.
20  (2) Firearms trafficking by a person who has been 
21 previously convicted of firearms trafficking, gunrunning, 
22 or a felony offense for the unlawful sale, delivery, or 
23 transfer of a firearm or firearm ammunition in this State 
24 or another jurisdiction is a Class X felony. 

25 (c) In addition to any other penalties, a person convicted 
26of firearm trafficking shall pay an assessment of $500 to the 
 
 
HB4056- 14 -LRB102 15096 KMF 20451 b


1clerk which shall be forwarded to the State Treasurer. The 
2assessment shall be deposited into the Traffic and Criminal 
3Conviction Surcharge Fund to be used for grants by the 
4Illinois Law Enforcement Training Standards Board to units of 
5local government to purchase bulletproof vests for local 
6police departments and to hire peace officers. 
7(Source: P.A. 99-885, eff. 8-23-16.)