97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3741

 

Introduced 2/10/2012, by Sen. A. J. Wilhelmi

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-1101  from Ch. 34, par. 5-1101

    Amends the Counties Code. Provides that a county may adopt a mandatory fee between $10 and $30 to be paid by the defendant upon a judgment of guilty or a grant of supervision for any offense. The assessments shall be collected by the clerk of the circuit court and must be deposited into an account specifically for the operations of Court Appointed Special Advocates. Further provides that the fees shall be remitted to the Court Appointed Special Advocates Fund, and the county board shall make grants from the fund to support the activities and services of Court Appointed Special Advocates within that county. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
55-1101 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
17violation of a similar provision contained in county or
18municipal ordinances committed in the county.
19    (b) In the case of a county having a population of
201,000,000 or less, a $5 fee to be collected in all civil cases
21by the clerk of the circuit court.
22    (c) A fee to be paid by the defendant on a judgment of
23guilty or a grant of supervision, as follows:

 

 

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1        (1) for a felony, $50;
2        (2) for a class A misdemeanor, $25;
3        (3) for a class B or class C misdemeanor, $15;
4        (4) for a petty offense, $10;
5        (5) for a business offense, $10.
6    (d) A $100 fee for the second and subsequent violations of
7Section 11-501 of the Illinois Vehicle Code or violations of
8similar provisions contained in county or municipal ordinances
9committed in the county. The proceeds of this fee shall be
10placed in the county general fund and used to finance education
11programs related to driving under the influence of alcohol or
12drugs.
13    (d-5) A $10 fee to be paid by the defendant on a judgment
14of guilty or a grant of supervision under Section 5-9-1 of the
15Unified Code of Corrections to be placed in the county general
16fund and used to finance the county mental health court, the
17county drug court, the Veterans and Servicemembers Court, or
18any or all of the above.
19    (e) In each county in which a teen court, peer court, peer
20jury, youth court, or other youth diversion program has been
21created, a county may adopt a mandatory fee of up to $5 to be
22assessed as provided in this subsection. Assessments collected
23by the clerk of the circuit court pursuant to this subsection
24must be deposited into an account specifically for the
25operation and administration of a teen court, peer court, peer
26jury, youth court, or other youth diversion program. The clerk

 

 

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

 

 

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

 

 

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1    (f-10) In each county in which the Court Appointed Special
2Advocates provide services, the county board may, in addition
3to any fine imposed under Section 5-9-1 of the Unified Code of
4Corrections, adopt a mandatory fine of between $10 and $30 to
5be paid by the defendant on a judgment of guilty or a grant of
6supervision for a felony; for a Class A, Class B, or Class C
7misdemeanor; for a petty offense; and for a business offense.
8Assessments shall be collected by the clerk of the circuit
9court and must be deposited into an account specifically for
10the operations of the Court Appointed Special Advocates. The
11clerk of the circuit court shall collect the fines as provided
12in this subsection and must remit the fines to the Court
13Appointed Special Advocates Fund that the county board shall
14create for the receipt of funds collected under this
15subsection, and from which the county board shall make grants
16to support the activities and services of the Court Appointed
17Special Advocates within that county. The term "Court Appointed
18Special Advocates" is copyrighted and is used with permission
19of the holder of the copyright.
20    (g) The proceeds of all fees and fines enacted under this
21Section must, except as provided in subsections (d), (d-5),
22(e), and (f), and (f-10) be placed in the county general fund
23and used to finance the court system in the county, unless the
24fee is subject to disbursement by the circuit clerk as provided
25under Section 27.5 of the Clerks of Courts Act.
26(Source: P.A. 95-103, eff. 1-1-08; 95-331, eff. 8-21-07;

 

 

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196-328, eff. 8-11-09; 96-924, eff. 6-14-10.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.