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Full Text of HB0307  93rd General Assembly

HB0307 93rd General Assembly


093_HB0307

 
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 1        AN ACT in relation to court fees.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Counties  Code  is amended by changing
 5    Section 5-1101 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
 8    county  board  may  enact  by  ordinance  or  resolution  the
 9    following fees:
10        (a)  A  $5  fee to be paid by the defendant on a judgment
11    of guilty or a grant of  supervision  for  violation  of  the
12    Illinois Vehicle Code other than Section 11-501 or violations
13    of  similar  provisions  contained  in  county  or  municipal
14    ordinances committed in the county, and up to a $30 fee to be
15    paid  by  the defendant on a judgment of guilty or a grant of
16    supervision for violation of Section 11-501 of  the  Illinois
17    Vehicle  Code or a violation of a similar provision contained
18    in county or municipal ordinances committed in the county.
19        (b)  In the case of  a  county  having  a  population  of
20    1,000,000  or  less,  a  $5  fee to be collected in all civil
21    cases by the clerk of the circuit court.
22        (c)  A fee to be paid by the defendant on a  judgment  of
23    guilty  or  a grant of supervision under Section 5-9-1 of the
24    Unified Code of Corrections, as follows:
25             (1)  for a felony, $50;
26             (2)  for a class A misdemeanor, $25;
27             (3)  for a class B or class C misdemeanor, $15;
28             (4)  for a petty offense, $10;
29             (5)  for a business offense, $10.
30        (d)  A $100 fee for the second and subsequent  violations
31    of  Section 11-501 of the Illinois Vehicle Code or violations
 
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 1    of  similar  provisions  contained  in  county  or  municipal
 2    ordinances committed in the county.  The proceeds of this fee
 3    shall be placed in  the  county  general  fund  and  used  to
 4    finance  education  programs  related  to  driving  under the
 5    influence of alcohol or drugs.
 6        (e)  In each county in which a teen  court,  peer  court,
 7    peer  jury, youth court, or other youth diversion program has
 8    been created, a county may adopt a mandatory fee of up to  $5
 9    to  be  assessed as provided in this subsection.  Assessments
10    collected by the clerk of the circuit court pursuant to  this
11    subsection must be deposited into an account specifically for
12    the operation and administration of a teen court, peer court,
13    peer  jury,  youth  court,  or other youth diversion program.
14    The clerk  of  the  circuit  court  shall  collect  the  fees
15    established in this subsection and must remit the fees to the
16    teen  court,  peer  court,  peer  jury, youth court, or other
17    youth diversion program monthly, less  5%,  which  is  to  be
18    retained  as  fee  income  to  the office of the clerk of the
19    circuit court.  The fees are to be paid as follows:
20             (1)  a fee of up to $5 paid by the  defendant  on  a
21        judgment  of guilty or grant of supervision for violation
22        of the Illinois Vehicle Code  or  violations  of  similar
23        provisions  contained  in  county or municipal ordinances
24        committed in the county;
25             (2)  a fee of up to $5 paid by the  defendant  on  a
26        judgment  of guilty or grant of supervision under Section
27        5-9-1 of the Unified Code of Corrections  for  a  felony;
28        for  a  Class  A,  Class B, or Class C misdemeanor; for a
29        petty offense; and for a business offense.
30        (f)  The proceeds of all fees enacted under this  Section
31    must  shall, except as provided in subsections subsection (d)
32    and (e), be placed in the county general  fund  and  used  to
33    finance  the  court  system  in the county, unless the fee is
34    subject to disbursement by  the  circuit  clerk  as  provided
 
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 1    under Section 27.5 of the Clerks of Courts Act.
 2    (Source: P.A. 87-670; 87-1075; 87-1230; 88-45.)