by and in the criminal traffic conviction surcharge what amount of violent crime victims assistance fund should be assessed in this case following his burglary conviction when or jamison was assessed only the four dollar criminal traffic conviction surcharge according to seven twenty five i also yes to forty so ten there are two different ways to impose the fine first if other fines are imposed an additional penalty of ten percent of the total of the total  will be assessed however according to subsection c of the statute if no fines are imposed a flat fine of twenty dollars will be levied against the defendant therefore the defendant is assessed a thousand dollars in fines cording subsection b of the statu kind of fine no matter how small the plain language of the violent crime victims distance fund is exceedingly clear and very specific if fines are imposed an additional ten percent of the total fines will be a sas but if no fines or assess a twenty dollar fine v a as ten percent it's actually four dollars per forty is it not yes but your brief asked for adjustment of forty cents but it would actually be four dollars if you should group it well for four out of forty eight is four dollars or forty dollars of the other mine it's not ten percent my reading was that it was it was is ten percent forty hours or forty would be ten percent so applying the language mr jamieson should have received a fine of forty cents that would have been directed toward the violent crime victims assistance fund additionally she noted criminal traffic conviction surcharge was repealed in two thousand and five it is a distinct possibility that once the legislature realized that forty cent payments were the result the legislature decided to abolish the surcharge the legislature is reading the statutes in the same manner that we are by repealing the by repealing this provision legislation guarantee that in circumstances such as this the time the twenty dollar fine would be impose the plain language of the violent crime victims assistance fund requires an additional penalty of ten percent of all fines imposed since mr jamieson was also assessed a four dollar surcharge ten percent of those fines should be assessed whereas if there are any fines imposed then of a flat a flat fine and going flat fine after twenty dollars should be assessed against the defendant statutes laid out you know very good morning may please the court i am mary needham assistant cook county state's attorney and i represent the people of the state of illinois the appellate court correctly construed the two statutes i dish you in this case and properly concluded that t court's imposition of the four dollar traffic surcharge did not preclude the imposition of a twenty dollar b c v a the appellate court did not consider defendants argument that subsection be applied because defendant did not present that argument to the in any event subsection b does not apply and that conclusion is supported by the language of the legislature used in passing the four dollar surcharge you cannot consider included language not included in other statutes authorizing penalties while the surcharges the fine for purposes of presents incarceration credit here the a pop the legislature clearly expressed its intention that this or charge it now provides ten dollars for every forty dollars of fine imposed and includes the same language that is and in this scene nine do you think that if our if we make a ruling in this case based legislature has used that same language calling this law they haven't used the label surcharge they repeatedly refer to this charge as an additional penalty one to be added after to the total amount of fines one to be assessed in addition to all the fines it's the legislature that has provided the sum facilis not the appellate court that unduly emphasize this language the legislature has also provided that has also provided language that said the imposition of this traffic surcharge shall not affect the distribution of other fines costs penalties and states that it shall not reduce the amount of any fine penalty or cost upright if the statute is construed as defendant wishes and certainly the imposition of this fine which the appellate which the legislature pardon me i keep saying that has stated will not affect another fine will affect another fine it takes it out of the rome of being a twenty dollar fine and as defendant asks make that a forty such fine the legislature's purpose in passing this legislation was to penalize offenders and raise money assessment of forty cents doesn't penalize an offender and certainly doesn't raise i don't think we should work the language i guess i just as i was understanding the fraction there not being very strong in math myself to being a reducing that four dollars  in any event the plane reading of the of that traffic surcharge statute makes it clear the legislature intend this to be something different a fine for purposes of present incarceration credit but not a fine that is considered the same as a trauma fine fine a controlled substance assessment and none of those statutes contain a language and this is in the statute that referred to as an additional penalty one to be assessed in addition to all fines and costs pertaining to this surcharge and distribution reduction yes it does include that language again that succession of the legislatures intent to collect funds for these to be contributed to these funds decision was correct and we asked this court to affirm that decision thank you thank you