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Illinois Compiled Statutes

730 ILCS 5/5-9-1 (2026)

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, 2016 IL App (4th) 120721-B, 55 N.E.3d 117.
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People v. Warren, 2016 IL App (4th) 120721-B, 55 N.E.3d 117. · cites it 4× “) 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 IL App (4th) 120313, 991 N.E.2d 914. · cites it 7× “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 IL App (4th) 110018, 979 N.E.2d 1023. · cites it 9× “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 IL App (4th) 121118, 18 N.E.3d 912. · cites it 3× “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, 839 N.E.2d 543 (Ill. App. Ct. 1st Dist. 2005). · cites it 3× “2d 677 , quoting 730 ILCS 5/5-9-1(c-5), (c-7) (West 2002).”
People v. Vaughn, 821 N.E.2d 746 (Ill. App. Ct. 1st Dist. 2004). · cites it 3× “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 IL App (4th) 120721, 16 N.E.3d 13. · cites it 4× “) 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, 805 N.E.2d 1165 (Ill. 2004). “The purpose of the criminal penalties is not to compensate employees, but to assure compliance with the Personnel Code.”
People v. Swank, 800 N.E.2d 864 (Ill. App. Ct. 4th Dist. 2003). · cites it 2× “" 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, 874 N.E.2d 553 (Ill. App. Ct. 4th Dist. 2006). · cites it 3× “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, 839 N.E.2d 1064 (Ill. App. Ct. 1st Dist. 2005). · cites it 2× “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, 714 N.E.2d 491 (Ill. 1999). · cites it 2× “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)).”
Show all 87 citing cases →
730 ILCS 5/5-9-1(3): 1 case
Metzger v. DaRosa, 805 N.E.2d 1165 (Ill. 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 IL App (4th) 120313, 991 N.E.2d 914. “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 IL App (2d) 120888, 13 N.E.3d 169.
730 ILCS 5/5-9-1(a)(1): 5 cases
People v. Ryburn, 841 N.E.2d 1013 (Ill. App. Ct. 4th Dist. 2005).
In re KC, 714 N.E.2d 491 (Ill. 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, 714 N.E.2d 501 (Ill. 1999).
Kunz, Jeremy v. City of Chicago, No. 06-3827 (7th Cir. Aug. 14, 2008).
People v. Ryburn, No. 4-04-0836 NRel (Ill. App. Ct. 4th Dist. Nov. 4, 2005).
730 ILCS 5/5-9-1(a)(2): 3 cases
In re KC, 714 N.E.2d 491 (Ill. 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, No. 1-04-2191 Rel (Ill. App. Ct. 1st Dist. Mar. 2, 2006).
People v. Gordon, No. 1-06-1663 Rel (Ill. App. Ct. 1st Dist. Dec. 28, 2007).
730 ILCS 5/5-9-1(a)(4): 1 case
People v. Storms, 626 N.E.2d 324 (Ill. App. Ct. 2d Dist. 1993).
730 ILCS 5/5-9-1(c): 46 cases
People v. Warren, 2016 IL App (4th) 120721-B, 55 N.E.3d 117. “) 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 IL App (4th) 120313, 991 N.E.2d 914. “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 IL App (4th) 110018, 979 N.E.2d 1023. “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 IL App (4th) 121118, 18 N.E.3d 912. “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 IL App (4th) 120721, 16 N.E.3d 13. “) 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, 839 N.E.2d 1064 (Ill. App. Ct. 1st Dist. 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 IL App (2d) 190474, 221 N.E.3d 455.
People v. Fort, No. 1-04-1937 Rel (Ill. App. Ct. 1st Dist. Nov. 15, 2005).
People v. Fisher, 2024 IL App (5th) 190516-U.
730 ILCS 5/5-9-1(d)(1): 6 cases
People v. Vaughn, 821 N.E.2d 746 (Ill. App. Ct. 1st Dist. 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 IL App (1st) 162894, 127 N.E.3d 987.
People v. Fenner, 2025 IL App (1st) 232348-U.
People v. Vaughn, No. 1-03-1207 Rel (Ill. App. Ct. 1st Dist. Dec. 23, 2004).
People v. McNeal, No. 1-04-2047 Rel (Ill. App. Ct. 1st Dist. Mar. 31, 2006).
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