98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2976

 

Introduced , by Rep. Camille Y. Lilly

 

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

    Amends the Counties Code. Provides that a $5 fee on a judgment of guilty or a grant of supervision shall not apply to violations of an additional Section of the Vehicle Code. Provides that a $30 fee on a judgment of guilty or a grant of supervision shall not apply to violations of an additional Section of the Vehicle Code. Deletes a reference that limits a $5 fee collection in all civil cases to a county of having a population of 1,000,000 or less.


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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 to finance court system. A
8county board may enact by ordinance or resolution the following
9fees:
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 Sections 11-501 and 5-1103 or
13violations of similar provisions contained in county or
14municipal ordinances committed in the county, and up to a $30
15fee to be paid by the defendant on a judgment of guilty or a
16grant of supervision for violation of Sections 11-501 and
1711-503 of the Illinois Vehicle Code or a violation of a similar
18provision contained in county or municipal ordinances
19committed in the county.
20    (b) A In the case of a county having a population of
211,000,000 or less, a $5 fee to be collected in all civil cases
22by the clerk of the circuit court.
23    (c) A fee to be paid by the defendant on a judgment of

 

 

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

 

 

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

 

 

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

 

 

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1remit the fees to the Children's Advocacy Center.
2    (g) The proceeds of all fees enacted under this Section
3must, except as provided in subsections (d), (d-5), (e), and
4(f), be placed in the county general fund and used to finance
5the court system in the county, unless the fee is subject to
6disbursement by the circuit clerk as provided under Section
727.5 of the Clerks of Courts Act.
8(Source: P.A. 95-103, eff. 1-1-08; 95-331, eff. 8-21-07;
996-328, eff. 8-11-09; 96-924, eff. 6-14-10.)