1. (a) If a person commits a violation of this Act in a manner that requires an emergency response, the person shall be required to make restitution to all public entities involved in the emergency response, to cover the reasonable cost of their participation in the emergency response, including but not limited to regular and overtime costs incurred by local law enforcement agencies and private contractors paid by the public agencies in securing the site. The convicted person shall make this restitution in addition to any other fine or penalty required by law.

2. (b) Any restitution payments made under this Section shall be disbursed equitably by the circuit clerk in the following order:

   1. (1) first, to the agency responsible for the mitigation of the incident;
   2. (2) second, to the local agencies involved in the emergency response;
   3. (3) third, to the State agencies involved in the emergency response; and
   4. (4) fourth, to the federal agencies involved in the emergency response.

3. (c) In addition to any other penalties and liabilities, a person who is convicted of violating any Section of this Act, whose violation proximately caused any incident resulting in an appropriate emergency response, shall be assessed a fine of $2,500, payable to the circuit clerk, who shall distribute the money to the law enforcement agency responsible for the mitigation of the incident. If the person has been previously convicted of violating any Section of this Act, the fine shall be $5,000 and the circuit clerk shall distribute the money to the law enforcement agency responsible for the mitigation of the incident. In the event that more than one agency is responsible for an arrest which does not require mitigation, the amount payable to law enforcement agencies shall be shared equally. Any moneys received by a law enforcement agency under this Section shall be used for law enforcement expenses.

   Any moneys collected for the Illinois State Police shall be remitted to the State Treasurer and deposited into the State Police Operations Assistance Fund.

(Source: P.A. 102-538, eff. 8-20-21.)