625 ILCS 5/16-105
2021 Illinois Compiled Statutes|Chapter 625 - VEHICLES|625 ILCS 5/ - Illinois Vehicle Code.|Chapter 16 - Enforcement, Penalties And Disposition Of Fines And Forfeitures, And Criminal Cases

 (from Ch. 95 1/2, par. 16-105)(Text of Section from P.A. 102-145)Sec. 16-105. Disposition of fines and forfeitures.(a) Except as provided in Section 15-113 of this Act and except those amounts subject to disbursement by the circuit  clerk under the Criminal and Traffic Assessment Act, fines and penalties  recovered under the provisions of Chapters 3 through 17 and 18b inclusive of this  Code shall be paid and used as follows:1. For offenses committed upon a highway within the     limits of a city, village, or incorporated town or under the jurisdiction of any park district, to the treasurer of the particular city, village, incorporated town or park district, if the violator was arrested by the authorities of the city, village, incorporated town or park district, provided the police officers and officials of cities, villages, incorporated towns and park districts shall seasonably prosecute for all fines and penalties under this Code. If the violation is prosecuted by the authorities of the county, any fines or penalties recovered shall be paid to the county treasurer, except that fines and penalties recovered from violations arrested by the State Police shall be remitted to the State Treasurer for deposit into the State Police Law Enforcement Administration Fund. Provided further that if the violator was arrested by the State Police, fines and penalties recovered under the provisions of paragraph (a) of Section 15-113 of this Code or paragraph (e) of Section 15-316 of this Code shall be remitted to the State Treasurer who shall deposit the amount so remitted in the special fund in the State treasury known as the Road Fund except that if the violation is prosecuted by the State's Attorney, 10% of the fine or penalty recovered shall be paid to the State's Attorney as a fee of his office and the balance shall be remitted to the State Treasurer  for remittance to and deposit by the State Treasurer as hereinabove provided.2. Except as provided in paragraph 4, for offenses     committed upon any highway outside the limits of a city, village, incorporated town or park district, to the county treasurer of the county where the offense was committed except if such offense was committed on a highway maintained by or under the supervision of a township, township district, or a road district to the Treasurer thereof for deposit in the road and bridge fund of such township or other district, except that fines and penalties recovered from violations arrested by the State Police shall be remitted to the State Treasurer for deposit into the State Police Law Enforcement Administration Fund; provided, that fines and penalties recovered under the provisions of paragraph (a) of Section 15-113, paragraph (d) of Section 3-401, or paragraph (e) of Section 15-316 of this Code shall be remitted to the State Treasurer who shall deposit the amount so remitted in the special fund in the State treasury known as the Road Fund except that if the violation is prosecuted by the State's Attorney, 10% of the fine or penalty recovered shall be paid to the State's Attorney as a fee of his office and the balance shall be remitted  to the State Treasurer for remittance to and deposit by the State Treasurer as hereinabove provided.3. Notwithstanding subsections 1 and 2 of this     paragraph, for violations of overweight and overload limits found in Sections 15-101 through 15-203 of this Code, which are committed upon the highways belonging to the Illinois State Toll Highway Authority, fines and penalties shall be remitted to the Illinois State Toll Highway Authority for deposit with the State Treasurer into that special fund known as the Illinois State Toll Highway Authority Fund, except that if the violation is prosecuted by the State's Attorney, 10% of the fine or penalty recovered shall be paid to the State's Attorney as a fee of his office and the balance shall be remitted to the Illinois State Toll Highway Authority for remittance to and deposit by the State Treasurer as hereinabove provided.4. With regard to violations of overweight and     overload limits found in Sections 15-101 through 15-203 of this Code committed by operators of vehicles registered as Special Hauling Vehicles, for offenses committed upon a highway within the limits of a city, village, or incorporated town or under the jurisdiction of any park district, all fines and penalties shall be paid over or retained as required in paragraph 1. However, with regard to the above offenses committed by operators of vehicles registered as Special Hauling Vehicles upon any highway outside the limits of a city, village, incorporated town or park district, fines and penalties shall be paid over or retained by the entity having jurisdiction over the road or highway upon which the offense occurred, except that if the violation is prosecuted by the State's Attorney, 10% of the fine or penalty recovered shall be paid to the State's Attorney as a fee of his office.(b) Failure, refusal or neglect on the part of any judicial or other  officer or employee receiving or having custody of any such fine or  forfeiture either before or after a deposit with the proper official as  defined in paragraph (a) of this Section, shall constitute misconduct in  office and shall be grounds for removal therefrom.  (Source: P.A. 102-145, eff. 7-23-21.)(Text of Section from P.A. 102-538)Sec. 16-105. Disposition of fines and forfeitures.(a) Except as provided in Section 15-113 of this Act and except those amounts subject to disbursement by the circuit  clerk under the Criminal and Traffic Assessment Act, fines and penalties  recovered under the provisions of Chapters 3 through 17 and 18b inclusive of this  Code shall be paid and used as follows:1. For offenses committed upon a highway within the     limits of a city, village, or incorporated town or under the jurisdiction of any park district, to the treasurer of the particular city, village, incorporated town or park district, if the violator was arrested by the authorities of the city, village, incorporated town or park district, provided the police officers and officials of cities, villages, incorporated towns and park districts shall seasonably prosecute for all fines and penalties under this Code. If the violation is prosecuted by the authorities of the county, any fines or penalties recovered shall be paid to the county treasurer, except that fines and penalties recovered from violations arrested by the Illinois State Police shall be remitted to the State Police Law Enforcement Administration Fund. Provided further that if the violator was arrested by the Illinois State Police, fines and penalties recovered under the provisions of paragraph (a) of Section 15-113 of this Code or paragraph (e) of Section 15-316 of this Code shall be paid over to the Illinois State Police which shall thereupon remit the amount of the fines and penalties so received to the State Treasurer who shall deposit the amount so remitted in the special fund in the State treasury known as the Road Fund except that if the violation is prosecuted by the State's Attorney, 10% of the fine or penalty recovered shall be paid to the State's Attorney as a fee of his office and the balance shall be paid over to the Illinois State Police for remittance to and deposit by the State Treasurer as hereinabove provided.2. Except as provided in paragraph 4, for offenses     committed upon any highway outside the limits of a city, village, incorporated town or park district, to the county treasurer of the county where the offense was committed except if such offense was committed on a highway maintained by or under the supervision of a township, township district, or a road district to the Treasurer thereof for deposit in the road and bridge fund of such township or other district, except that fines and penalties recovered from violations arrested by the Illinois State Police shall be remitted to the State Police Law Enforcement Administration Fund; provided, that fines and penalties recovered under the provisions of paragraph (a) of Section 15-113, paragraph (d) of Section 3-401, or paragraph (e) of Section 15-316 of this Code shall be paid over to the Illinois State Police which shall thereupon remit the amount of the fines and penalties so received to the State Treasurer who shall deposit the amount so remitted in the special fund in the State treasury known as the Road Fund except that if the violation is prosecuted by the State's Attorney, 10% of the fine or penalty recovered shall be paid to the State's Attorney as a fee of his office and the balance shall be paid over to the Illinois State Police for remittance to and deposit by the State Treasurer as hereinabove provided.3. Notwithstanding subsections 1 and 2 of this     paragraph, for violations of overweight and overload limits found in Sections 15-101 through 15-203 of this Code, which are committed upon the highways belonging to the Illinois State Toll Highway Authority, fines and penalties shall be paid over to the Illinois State Toll Highway Authority for deposit with the State Treasurer into that special fund known as the Illinois State Toll Highway Authority Fund, except that if the violation is prosecuted by the State's Attorney, 10% of the fine or penalty recovered shall be paid to the State's Attorney as a fee of his office and the balance shall be paid over to the Illinois State Toll Highway Authority for remittance to and deposit by the State Treasurer as hereinabove provided.4. With regard to violations of overweight and     overload limits found in Sections 15-101 through 15-203 of this Code committed by operators of vehicles registered as Special Hauling Vehicles, for offenses committed upon a highway within the limits of a city, village, or incorporated town or under the jurisdiction of any park district, all fines and penalties shall be paid over or retained as required in paragraph 1. However, with regard to the above offenses committed by operators of vehicles registered as Special Hauling Vehicles upon any highway outside the limits of a city, village, incorporated town or park district, fines and penalties shall be paid over or retained by the entity having jurisdiction over the road or highway upon which the offense occurred, except that if the violation is prosecuted by the State's Attorney, 10% of the fine or penalty recovered shall be paid to the State's Attorney as a fee of his office.(b) Failure, refusal or neglect on the part of any judicial or other  officer or employee receiving or having custody of any such fine or  forfeiture either before or after a deposit with the proper official as  defined in paragraph (a) of this Section, shall constitute misconduct in  office and shall be grounds for removal therefrom.  (Source: P.A. 102-538, eff. 8-20-21.)