Sen. A. J. Wilhelmi

Filed: 5/20/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 544

2    AMENDMENT NO. ______. Amend Senate Bill 544 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Counties Code is amended by changing
5Section 5-1101 as follows:
 
6    (55 ILCS 5/5-1101)  (from Ch. 34, par. 5-1101)
7    Sec. 5-1101. Additional fees and fines to finance court
8system. A county board may enact by ordinance or resolution the
9following fees:
10    (a) A $5 fee to be paid by the defendant on a judgment of
11guilty or a grant of supervision for violation of the Illinois
12Vehicle Code other than Section 11-501 or violations of similar
13provisions contained in county or municipal ordinances
14committed in the county, and up to a $30 fee to be paid by the
15defendant on a judgment of guilty or a grant of supervision for
16violation of Section 11-501 of the Illinois Vehicle Code or a

 

 

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1violation of a similar provision contained in county or
2municipal ordinances committed in the county.
3    (b) In the case of a county having a population of
41,000,000 or less, a $5 fee to be collected in all civil cases
5by the clerk of the circuit court.
6    (c) A fee to be paid by the defendant on a judgment of
7guilty or a grant of supervision, as follows:
8        (1) for a felony, $50;
9        (2) for a class A misdemeanor, $25;
10        (3) for a class B or class C misdemeanor, $15;
11        (4) for a petty offense, $10;
12        (5) for a business offense, $10.
13    (d) A $100 fee for the second and subsequent violations of
14Section 11-501 of the Illinois Vehicle Code or violations of
15similar provisions contained in county or municipal ordinances
16committed in the county. The proceeds of this fee shall be
17placed in the county general fund and used to finance education
18programs related to driving under the influence of alcohol or
19drugs.
20    (d-5) A $10 fee to be paid by the defendant on a judgment
21of guilty or a grant of supervision under Section 5-9-1 of the
22Unified Code of Corrections to be placed in the county general
23fund and used to finance the county mental health court, the
24county drug court, the Veterans and Servicemembers Court, or
25any or all of the above.
26    (e) In each county in which a teen court, peer court, peer

 

 

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1jury, youth court, or other youth diversion program has been
2created, a county may adopt a mandatory fee of up to $5 to be
3assessed as provided in this subsection. Assessments collected
4by the clerk of the circuit court pursuant to this subsection
5must be deposited into an account specifically for the
6operation and administration of a teen court, peer court, peer
7jury, youth court, or other youth diversion program. The clerk
8of the circuit court shall collect the fees established in this
9subsection and must remit the fees to the teen court, peer
10court, peer jury, youth court, or other youth diversion program
11monthly, less 5%, which is to be retained as fee income to the
12office of the clerk of the circuit court. The fees are to be
13paid as follows:
14        (1) a fee of up to $5 paid by the defendant on a
15    judgment of guilty or grant of supervision for violation of
16    the Illinois Vehicle Code or violations of similar
17    provisions contained in county or municipal ordinances
18    committed in the county;
19        (2) a fee of up to $5 paid by the defendant on a
20    judgment of guilty or grant of supervision under Section
21    5-9-1 of the Unified Code of Corrections for a felony; for
22    a Class A, Class B, or Class C misdemeanor; for a petty
23    offense; and for a business offense.
24    (f) In each county in which a drug court has been created,
25the county may adopt a mandatory fee of up to $5 to be assessed
26as provided in this subsection. Assessments collected by the

 

 

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1clerk of the circuit court pursuant to this subsection must be
2deposited into an account specifically for the operation and
3administration of the drug court. The clerk of the circuit
4court shall collect the fees established in this subsection and
5must remit the fees to the drug court, less 5%, which is to be
6retained as fee income to the office of the clerk of the
7circuit court. The fees are to be paid as follows:
8        (1) a fee of up to $5 paid by the defendant on a
9    judgment of guilty or grant of supervision for a violation
10    of the Illinois Vehicle Code or a violation of a similar
11    provision contained in a county or municipal ordinance
12    committed in the county; or
13        (2) a fee of up to $5 paid by the defendant on a
14    judgment of guilty or a grant of supervision under Section
15    5-9-1 of the Unified Code of Corrections for a felony; for
16    a Class A, Class B, or Class C misdemeanor; for a petty
17    offense; and for a business offense.
18     The clerk of the circuit court shall deposit the 5%
19retained under this subsection into the Circuit Court Clerk
20Operation and Administrative Fund to be used to defray the
21costs of collection and disbursement of the drug court fee.
22    (f-5) In each county in which a Children's Advocacy Center
23provides services, the county board may adopt a mandatory fee
24of between $5 and $30 to be paid by the defendant on a judgment
25of guilty or a grant of supervision under Section 5-9-1 of the
26Unified Code of Corrections for a felony; for a Class A, Class

 

 

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1B, or Class C misdemeanor; for a petty offense; and for a
2business offense. Assessments shall be collected by the clerk
3of the circuit court and must be deposited into an account
4specifically for the operation and administration of the
5Children's Advocacy Center. The clerk of the circuit court
6shall collect the fees as provided in this subsection, and must
7remit the fees to the Children's Advocacy Center.
8    (f-10) In each county in which the Court Appointed Special
9Advocates provide services, the county board may, in addition
10to any fine imposed under Section 5-9-1 of the Unified Code of
11Corrections, adopt a mandatory fine of between $10 and $30 to
12be paid by the defendant on a judgment of guilty or a grant of
13supervision for any violation of Articles 9, 10, 11, 12, or
14Section 33D-1 of the Criminal Code of 1961, or Section 2 of the
15Neglected Children Offense Act. Assessments shall be collected
16by the clerk of the circuit court and must be deposited into an
17account specifically for the operations of the Court Appointed
18Special Advocates. The clerk of the circuit court shall collect
19the fines as provided in this subsection and must remit the
20fines to the Court Appointed Special Advocates Fund that the
21county board shall create for the receipt of funds collected
22under this subsection, and from which the county board shall
23make grants to support the activities and services of the Court
24Appointed Special Advocates within that county. The term "Court
25Appointed Special Advocates" is copyrighted and is used with
26permission of the holder of the copyright.

 

 

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1    (g) The proceeds of all fees and fines enacted under this
2Section must, except as provided in subsections (d), (d-5),
3(e), and (f), and (f-10) be placed in the county general fund
4and used to finance the court system in the county, unless the
5fee is subject to disbursement by the circuit clerk as provided
6under Section 27.5 of the Clerks of Courts Act.
7(Source: P.A. 95-103, eff. 1-1-08; 95-331, eff. 8-21-07;
896-328, eff. 8-11-09; 96-924, eff. 6-14-10.)".
 
9    Section 99. Effective date. This Act takes effect July 1,
102011.".