Full Text of HB3141 96th General Assembly
HB3141 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB3141
Introduced 2/24/2009, by Rep. Tom Cross SYNOPSIS AS INTRODUCED: |
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55 ILCS 5/4-2002.1 |
from Ch. 34, par. 4-2002.1 |
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Amends the Counties Code. Makes a technical change in a Section concerning
State's attorney fees in counties of 3,000,000 or more.
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A BILL FOR
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HB3141 |
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LRB096 05952 RLJ 16033 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Counties Code is amended by changing Section | 5 |
| 4-2002.1 as follows:
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| (55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1)
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| Sec. 4-2002.1. State's attorney fees in counties of | 8 |
| 3,000,000 or more
population. This Section applies only to | 9 |
| counties with 3,000,000 or more
inhabitants.
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| (a) State's attorneys shall be entitled to the
the | 11 |
| following fees: | 12 |
| For each conviction in prosecutions on indictments for | 13 |
| first degree
murder, second degree murder, involuntary | 14 |
| manslaughter, criminal sexual
assault, aggravated criminal | 15 |
| sexual assault, aggravated criminal sexual
abuse, kidnapping, | 16 |
| arson and forgery, $60. All other cases punishable by
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| imprisonment in the penitentiary, $60.
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| For each conviction in other cases tried before judges of | 19 |
| the circuit
court, $30; except that if the conviction is in a | 20 |
| case which may be
assigned to an associate judge, whether or | 21 |
| not it is in fact assigned to
an associate judge, the fee shall | 22 |
| be $20.
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| For preliminary examinations for each defendant held to |
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HB3141 |
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LRB096 05952 RLJ 16033 b |
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| bail or
recognizance, $20.
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| For each examination of a party bound over to keep the | 3 |
| peace, $20.
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| For each defendant held to answer in a circuit court on a | 5 |
| charge of
paternity, $20.
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| For each trial on a charge of paternity, $60.
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| For each case of appeal taken from his county or from the | 8 |
| county to
which a change of venue is taken to his county to the | 9 |
| Supreme or
Appellate Court when prosecuted or defended by him, | 10 |
| $100.
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| For each day actually employed in the trial of a case, $50; | 12 |
| in which
case the court before whom the case is tried shall | 13 |
| make an order
specifying the number of days for which a per | 14 |
| diem shall be allowed.
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| For each day actually employed in the trial of cases of | 16 |
| felony
arising in their respective counties and taken by change | 17 |
| of venue to
another county, $50; and the court before whom the | 18 |
| case is tried shall
make an order specifying the number of days | 19 |
| for which said per diem
shall be allowed; and it is hereby made | 20 |
| the duty of each State's
attorney to prepare and try each case | 21 |
| of felony arising when so taken by
change of venue.
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| For assisting in a trial of each case on an indictment for | 23 |
| felony
brought by change of venue to their respective counties, | 24 |
| the same fees
they would be entitled to if such indictment had | 25 |
| been found for an
offense committed in his county, and it shall | 26 |
| be the duty of the
State's attorney of the county to which such |
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HB3141 |
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| cause is taken by
change of venue to assist in the trial | 2 |
| thereof.
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| For each case of forfeited recognizance where the | 4 |
| forfeiture is set
aside at the instance of the defense, in | 5 |
| addition to the ordinary costs,
$20 for each defendant.
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| For each proceeding in a circuit court to inquire into the | 7 |
| alleged
mental illness of any person, $20 for each defendant.
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| For each proceeding in a circuit court to inquire into the | 9 |
| alleged
dependency or delinquency of any child, $20.
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| For each day actually employed in the hearing of a case of | 11 |
| habeas
corpus in which the people are interested, $50.
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| All the foregoing fees shall be taxed as costs to be | 13 |
| collected from
the defendant, if possible, upon conviction. But | 14 |
| in cases of inquiry
into the mental illness of any person | 15 |
| alleged to be mentally ill, in
cases on a charge of paternity | 16 |
| and in cases of appeal in the Supreme or
Appellate Court, where | 17 |
| judgment is in favor of the accused, the fees
allowed the | 18 |
| State's attorney therein shall be retained out of the fines
and | 19 |
| forfeitures collected by them in other cases.
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| Ten per cent of all moneys except revenue, collected by | 21 |
| them and paid
over to the authorities entitled thereto, which | 22 |
| per cent together with
the fees provided for herein that are | 23 |
| not collected from the parties
tried or examined, shall be paid | 24 |
| out of any fines and forfeited
recognizances collected by them, | 25 |
| provided however, that in proceedings
to foreclose the lien of | 26 |
| delinquent real estate taxes State's attorneys
shall receive a |
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| fee, to be credited to the earnings of their office, of 10%
of | 2 |
| the total amount realized from the sale of real estate sold in | 3 |
| such
proceedings. Such fees shall be paid from the total amount | 4 |
| realized from
the sale of the real estate sold in such | 5 |
| proceedings.
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| State's attorneys shall have a lien for their fees on all | 7 |
| judgments
for fines or forfeitures procured by them and on | 8 |
| moneys except revenue
received by them until such fees and | 9 |
| earnings are fully paid.
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| No fees shall be charged on more than 10 counts in any one | 11 |
| indictment
or information on trial and conviction; nor on more | 12 |
| than 10 counts
against any one defendant on pleas of guilty.
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| The Circuit Court may direct that of all monies received, | 14 |
| by
restitution or otherwise, which monies are ordered paid to | 15 |
| the
Department of Healthcare and Family Services (formerly | 16 |
| Department of Public Aid) or the Department of Human Services | 17 |
| (acting as
successor to the Department of Public Aid under the | 18 |
| Department of Human
Services Act) as a direct result of the | 19 |
| efforts
of the
State's attorney and which payments arise from | 20 |
| Civil or Criminal
prosecutions involving the Illinois Public | 21 |
| Aid Code or the Criminal Code,
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following amounts shall be | 22 |
| paid quarterly by the Department of Healthcare and Family | 23 |
| Services or the Department of Human Services to the General | 24 |
| Corporate Fund of
the County in which the prosecution
or cause | 25 |
| of action took place:
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| (1) where the monies result from child support |
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| obligations, not
less than 25% of the federal share of the | 2 |
| monies received,
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| (2) where the monies result from other than child | 4 |
| support
obligations, not less than 25% of the State's share | 5 |
| of the monies received.
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| (b) A municipality shall be entitled to a $10 prosecution | 7 |
| fee for each
conviction for a violation of the Illinois Vehicle | 8 |
| Code prosecuted by the
municipal attorney pursuant to Section | 9 |
| 16-102 of that Code which is tried
before a circuit or | 10 |
| associate judge and shall be entitled to a $10
prosecution fee | 11 |
| for each conviction for a violation of a municipal vehicle
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| ordinance prosecuted by the municipal attorney which is tried | 13 |
| before a
circuit or associate judge. Such fee shall be taxed as | 14 |
| costs to be
collected from the defendant, if possible, upon | 15 |
| conviction. A municipality
shall have a lien for such | 16 |
| prosecution fees on all judgments or fines
procured by the | 17 |
| municipal attorney from prosecutions for violations of the
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| Illinois Vehicle Code and municipal vehicle ordinances.
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| For the purposes of this subsection (b), "municipal vehicle | 20 |
| ordinance"
means any ordinance enacted pursuant to Sections | 21 |
| 11-40-1, 11-40-2, 11-40-2a and
11-40-3 of the Illinois | 22 |
| Municipal Code or any ordinance enacted by a
municipality which | 23 |
| is similar to a provision of Chapter 11 of the Illinois
Vehicle | 24 |
| Code.
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| (Source: P.A. 95-331, eff. 8-21-07.)
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