730 ILCS 5/5-9-1
Authorized fines
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(730 ILCS 5/5-9-1)
(from Ch. 38, par. 1005-9-1)
Sec. 5-9-1. Authorized fines.
(a) An offender may be sentenced to pay a
fine as provided in Article 4.5 of Chapter V.
(b) (Blank).
(c) (Blank).
(c-5) (Blank).
(c-7) (Blank).
(c-9) (Blank).
(d) In determining the amount and method of payment of a fine, except
for those fines established for violations of Chapter 15 of the Illinois
Vehicle Code, the court shall consider:
(1) the financial resources and future ability of the | offender to pay the fine; and |
(2) whether the fine will prevent the offender from | making court ordered restitution or reparation to the victim of the offense; and |
(3) in a case where the accused is a dissolved | corporation and the court has appointed counsel to represent the corporation, the costs incurred either by the county or the State for such representation. |
(e) The court may order the fine to be paid forthwith or within a
specified period of time or in installments.
(f) (Blank).
(Source: P.A. 99-352, eff. 1-1-16; 100-987, eff. 7-1-19.)
Notes of Decisions
Cited in 87
cases (4 in the last 5 years), 1993–2025 · leading case: People v. Warren
People v. Warren (2016)
“) 730 ILCS 5/5-9-1(c) (West 2010). ¶ 129 The plain language of section 5-9-1(c) of the Unified Code clearly shows the legislature intended this assessment to be punitive in nature.”
People v. Williams (2013)
“9(c) $150 DUI Trauma Fund fine 730 ILCS 5/5-9-1(c-5) $100 DUI Spinal Cord Injury fee 730 ILCS 5/5-9-1(c-7) $5 Felony Traffic Driver's Ed fee 625 ILCS 5/16-104a(a) $4 for each $40 Roadside Memorial Fund fee (eff.”
People v. O'Laughlin (2012)
“1(c)(12), (13) (West 2010); (16) “Trauma Center”–730 ILCS 5/5-9-1(c-5) (West 2010); (17) “DUI Equipment”–625 ILCS 5/11- 501.”
People v. Smith (2014)
“2d 914 (" 'Lump Sum Surcharge' " imposed pursuant to section 5-9-1(c) of the Unified Code of Corrections (Unified Code) (730 ILCS 5/5-9-1(c) (West 2008)) is to be - 17 - calculated before the Victims Assistance Act assessment; the surcharge is added to the total fines and the…”
People v. Rodriguez (2005)
“2d 677 , quoting 730 ILCS 5/5-9-1(c-5), (c-7) (West 2002).”
People v. Vaughn (2004)
“The trial court sentenced defendant to 30 days in the Cook County Department of Corrections, time considered served, 2 years' conditional discharge, attendance at one victim impact panel and 5 days in the Sheriff's Work Alternative Program, and assessed him $205 in fines…”
People v. Warren (2014)
“) 730 ILCS 5/5-9-1(c) (West 2010). ¶ 122 The plain language of section 5-9-1(c) of the Unified Code clearly shows the legislature intended this assessment to be punitive in nature.”
Metzger v. DaRosa (2004)
“The purpose of the criminal penalties is not to compensate employees, but to assure compliance with the Personnel Code.”
People v. Swank (2003)
“" That same day, the circuit clerk notified defendant that he must pay a $375 "McLean County" fine, pursuant to section 5-9-1 of the Unified Code of Corrections (730 ILCS 5/5-9-1 (West 2000)). *869 Later in September 2001, defendant filed a motion to reconsider his sentence,…”
People v. Rowell (2006)
“Because the $4 fee imposed pursuant to section 5-9-1(c-9) of the Corrections Code (730 ILCS 5/5-9-1(c-9) (West 2004)) is a fine, it should be offset by the $5-per-day credit.”
People v. Fort (2005)
“First, he contends the assessment really is a fine and should not have been imposed without a finding of his ability to pay it as required by section 5-9-1(d) of the Unified Code of Corrections (Code) (730 ILCS 5/5-9-1(d) (West 2002)). Section 5-9-1(d) provides: "In determining…”
In Re KC (1999)
“A person convicted of a Class 4 felony faces a maximum fine of $25,000 (730 ILCS 5/5-9-1(a)(1) (West Supp. 1999)) and a maximum prison term of three years (730 ILCS 5/5-8-1(a)(7) (West 1996)).”
— 730 ILCS 5/5-9-1(3) — 1 case
Metzger v. DaRosa (2004)
“The purpose of the criminal penalties is not to compensate employees, but to assure compliance with the Personnel Code.”
— 730 ILCS 5/5-9-1(a) — 2 cases
People v. Williams (2013)
“9(c) $150 DUI Trauma Fund fine 730 ILCS 5/5-9-1(c-5) $100 DUI Spinal Cord Injury fee 730 ILCS 5/5-9-1(c-7) $5 Felony Traffic Driver's Ed fee 625 ILCS 5/16-104a(a) $4 for each $40 Roadside Memorial Fund fee (eff.”
People v. Higgins (2014)
— 730 ILCS 5/5-9-1(a)(1) — 5 cases
People v. Ryburn (2005)
In Re KC (1999)
“A person convicted of a Class 4 felony faces a maximum fine of $25,000 (730 ILCS 5/5-9-1(a)(1) (West Supp. 1999)) and a maximum prison term of three years (730 ILCS 5/5-8-1(a)(7) (West 1996)).”
People v. Fuller (1999)
People v. Ryburn (2005)
— 730 ILCS 5/5-9-1(a)(2) — 3 cases
In Re KC (1999)
“A person convicted of a Class 4 felony faces a maximum fine of $25,000 (730 ILCS 5/5-9-1(a)(1) (West Supp. 1999)) and a maximum prison term of three years (730 ILCS 5/5-8-1(a)(7) (West 1996)).”
People v. Sturgess (2006)
People v. Gordon (2007)
— 730 ILCS 5/5-9-1(a)(4) — 1 case
People v. Storms (1993)
— 730 ILCS 5/5-9-1(c) — 46 cases
People v. Warren (2016)
“) 730 ILCS 5/5-9-1(c) (West 2010). ¶ 129 The plain language of section 5-9-1(c) of the Unified Code clearly shows the legislature intended this assessment to be punitive in nature.”
People v. Williams (2013)
“9(c) $150 DUI Trauma Fund fine 730 ILCS 5/5-9-1(c-5) $100 DUI Spinal Cord Injury fee 730 ILCS 5/5-9-1(c-7) $5 Felony Traffic Driver's Ed fee 625 ILCS 5/16-104a(a) $4 for each $40 Roadside Memorial Fund fee (eff.”
People v. O'Laughlin (2012)
“1(c)(12), (13) (West 2010); (16) “Trauma Center”–730 ILCS 5/5-9-1(c-5) (West 2010); (17) “DUI Equipment”–625 ILCS 5/11- 501.”
People v. Smith (2014)
“2d 914 (" 'Lump Sum Surcharge' " imposed pursuant to section 5-9-1(c) of the Unified Code of Corrections (Unified Code) (730 ILCS 5/5-9-1(c) (West 2008)) is to be - 17 - calculated before the Victims Assistance Act assessment; the surcharge is added to the total fines and the…”
People v. Warren (2014)
“) 730 ILCS 5/5-9-1(c) (West 2010). ¶ 122 The plain language of section 5-9-1(c) of the Unified Code clearly shows the legislature intended this assessment to be punitive in nature.”
— 730 ILCS 5/5-9-1(d) — 4 cases
People v. Fort (2005)
“First, he contends the assessment really is a fine and should not have been imposed without a finding of his ability to pay it as required by section 5-9-1(d) of the Unified Code of Corrections (Code) (730 ILCS 5/5-9-1(d) (West 2002)). Section 5-9-1(d) provides: "In determining…”
People v. Reyes (2022)
People v. Fort (2005)
People v. Fisher (2024)
— 730 ILCS 5/5-9-1(d)(1) — 6 cases
People v. Vaughn (2004)
“The trial court sentenced defendant to 30 days in the Cook County Department of Corrections, time considered served, 2 years' conditional discharge, attendance at one victim impact panel and 5 days in the Sheriff's Work Alternative Program, and assessed him $205 in fines…”
People v. Contursi (2019)
People v. Fenner (2025)
People v. Vaughn (2004)
People v. McNeal (2006)
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